Personal Injury Compensation: How Much Is Your Case Worth?



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Your personal injury compensation is directly related to your past, present, and future medical bills. Certain other losses are also factored into the total, like out-of-pocket expenses and lost income.

Calculating the total amount of your losses, or "damages," is never easy. It often requires putting a price on things that don't have a monetary value, like pain, suffering, and emotional distress.

Your total demand amount certainly won't match up with the insurance company's offer. Your job is to get paid as much as you can, and theirs is to pay as little as they can.

Still, you need to find a dollar value for your personal injury claim, and this section helps you do that. We'll explore how attorneys and claims adjusters arrive at their settlement amounts, and how you can use a little know-how to boost that number.

Learn More About Compensation:


What Can You Claim for Personal Injury Compensation?

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You can get a higher settlement by knowing the different types of damages to include in your demand. Special and general damages directly impact the total amount you can seek for personal injury compensation.


How to Calculate Your Pain and Suffering Settlement

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Winning a personal injury claim for pain and suffering can difficult. Insurance adjusters aren't going to give you more money simply because you ask for it. You must learn how to properly calculate pain and suffering, and how you can legitimately increase the amount.


Increase Your Award by Thinking Like an Adjuster

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Insurance claims adjusters have their own way of determining total damages. If you know how they evaluate things like pain and emotional distress, you can strengthen your negotiating position.


Determining Settlement Amounts with Different Injuries

This section looks at how certain factors raise or lower injury compensation. The types of injuries suffered and the circumstances surrounding those injuries can drastically influence your final settlement amount.


How Compensation Increases with Permanent Injuries

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Long term disabilities and permanent injuries have a huge impact on the amount of pain and suffering compensation. These cases are complex, and should only be handled by an experienced personal injury attorney.


How Emotional Distress Affects Personal Injury Reimbursement

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Emotional distress is another big factor to consider in your personal injury claim. Working this type of suffering into your claim, and proving it, isn't always easy. But psychological symptoms can be just as real as physical symptoms, and they deserve to be compensated.


The Right Way to Include Lost Income in Your Settlement Demand

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In addition to direct damages like medical bills and out-of-pocket expenses, lost employment income should be added to your demand for compensation. This section shows how to include past and future earnings in your personal injury settlement.


5 Factors That Will Affect Your Final Settlement Payout

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Personal injury damages don't always get paid in full. There are several factors which can decrease your final payout. Learn how these factors affect your settlement so you can address them when negotiating with the adjuster.


All About Property Damage in Personal Injury Claims

If your personal property was damaged due to someone else's negligence, regardless of whether you were injured or not, you may be able to file a property damage claim for compensation.


Negotiation Tactics and Medical Terms

Saying the right thing and using the proper medical terminology can prompt the insurance adjuster to offer more money. Here we'll look at some of the things you should and shouldn't stress in order to get a better payoff.


Using "Outside Factors" to Negotiate a Higher Settlement Offer

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There are certain tactics you can use when negotiating with the adjuster to increase your personal injury settlement. History of jury verdicts and the insured's driving records are two influential factors that can help in your negotiations.


Getting a Nuisance Value Payout If Your Claim is Denied

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If all else fails and your claim is denied, you may have to resort to a personal injury lawsuit, or at least the threat of one. Here we teach you a few negotiation strategies to get at least some compensation from the adjuster, even if she at first denies your claim.


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How Much Is Your Claim Worth?

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Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Always get a formal case review from a licensed attorney.

Previous Questions & Answers...

Lawyers receive more than five times my compensation? 
I had a lawyer for my injury case that charged me his 40%, plus filing fees, secretarial fees, copying, etc. The total settlement was for $175,000, but …

Knocked out when I slammed into a car that ran a stop sign... 
I was in an auto accident recently. The other lady driver ran a stop sign, I locked up my brakes then wham, I hit her car. I don't know if I was knocked …

What would be a fair multiplier? 
I was involved in an accident in which the other driver was 100% at fault, confirmed by the police report. My new car, a 2015 model worth approx $30,000, …

Not enough insurance coverage? 
I'm involved in an insurance claim and have been tendered an offer of the full policy amount from the other party's insurance company, but it does not …

How to request compensation when I only paid a copay? 
I was involved in an auto accident when I was stopped at light and rear-ended by the other party. The other party's insurance has already paid out the …

Insurance denying lost wages and pain and suffering, but paying medical bills? 
I sustained an injury to my left ankle while going up the stairs to see an apartment for cleaning by my company. The assistant property manager was taking …

Should I sign a release of liability? 
A small piece of metal was in a sandwich from a national restaurant chain, and that small piece of metal chipped my tooth. I returned to the restaurant …

Current valuation method for pain and suffering settlement in Texas? 
I understand that the older multiplier method may no longer be valid, but I am trying to arrive at a fair settlement for pain and suffering. I need some …

How much is having your toenail removed worth? 
While I was at local grocery store, a candle display fell on my second toe on my right foot. Blood shot out under my toenail. I left the store immediately. …

Will the insurance company fight me if the driver has a felony DUI hit and run? 
I am currently involved in a felony hit and run, DUI car accident recovery phase. He flipped my truck 3 times at 70mph, and my airbags didn't deploy. I'm …

Is the insurance adjuster low-balling us with settlement offer? 
My son was in an auto accident. The other driver was cited for failure to stop at a stop sign. He was traveling on a 55mph hwy and hit them and then careened …

Settlement in a no-fault state? 
In New York state, does an insurance company offer a settlement to include pain and suffering, or do they not have to do that? It's a no-fault state but …

How does lack of mobility get calculated into a settlement amount? 
I had an accident and was injured. I have no vehicle and always walk to do shopping and laundry. I have been unable to do my normal walking since the accident, …

Is the settlement offer for actual costs? 
I am currently in negotiations with an insurance adjuster for a slip and fall injury. My demand is for the total of the actual out-of-pocket expenses that …

Are my chiropractic treatment costs and lost wages enough for an injury case? 
I was on the interstate exiting at a rest stop when the car behind me didn't stop and rear ended my vehicle. I went to the ER where it was determined I …

Is the mileage expense of driving to medical appointments reimbursable? 
Someone ran a red light and hit my passenger side, totaling my car and injuring me. I had to see various doctors between February 15th through October …

Do I List the Actual Medical Costs or Out of Pocket Medical Costs in my Demand Letter? 
I was involved in a rear end accident where I was the victim and was injured. As part of the demand letter, I am including my medical bills. Do I include …

Received an Emergency Room Bill After We Signed the Settlement Release... 
My son was in an automobile accident in February 2012 that was the other driver's fault. All the medical bills were turned over to the at-fault driver's …

Will a car accident settlement cover the cost of yard work?  
I was injured in a car accident when I was sitting at traffic light and a car hit me from behind. The impact caused me whiplash problems and injuries to …

Bodily Injury Settlement Offer for my 2 Children... 
I was in a 2 car accident in Texas where I was found at fault. My son suffered an injury to his head. During the accident his head hit the side glass window …

Does my ex husband have rights to my personal injury settlement? 
Prior to my divorce, I had a severe back injury, resulting in chronic pain/suffering, several back surgeries and a numb left leg. I received a settlement …

Settlement Offer Too Low for Son's Injuries... 
My son was hit by a car this summer. The medical bills from his injuries total about $12,500. The insurance company wants to settle for $22,000 total, …

When must the bank release my settlement funds? 
I won a personal injury settlement and the money is in the bank, but the bank will not release my funds. The bank said that they legally have 6 months …

Getting Less Than Half Our Injury Settlement... 
We had a personal injury case and our attorney negotiated a settlement of $10,000. The attorney is charging for his costs for the past 2 years and a lower …

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Lien On My Settlement Check... 
I filed a personal injury claim and am receiving a settlement. I have liens on my settlement check. I'd like to know who the check will be sent out to, …

Auto Accidents Insurance Claim Question... 
I was in a car accident and was injured. If I am using my personal medical insurance for treatment, does the party at fault still pay me the medical bills …

What Should I do to Settle this Two Car Collision Case? 
I was driving west on a 4 lane road (2 each way). There was a truck with a snow blade on the front sticking out. The driver turned to the left to miss …

Compensation For Loss of Transportation? 
On 08/24/11 while on my way to work at a power generating station I was driving down the road while approaching a small hill. Another vehicle came up over …

Missed School Due to Car Accident... 
I was involved in an a car accident where I was a passenger in my aunt's car. We were hit from behind and my aunt's car was totaled. I was a full time …

Does insurance pay before the doctor visit? 
I was coming out of a gas station store and slipped on oil built up in the parking lot. It had started to rain while I was in the store and the parking …

SUV Car Crash Settlement... 
An SUV turned directly in front of my vehicle, causing my vehicle to strike the SUV in the rear wheel and rear quarter. I was put on a back board and transported …

Negotiating a Soft Tissue Damage Settlement... 
I was involved in a rear end collision on 2/18/11. I suffered a great deal of pain during the past several months. The doctor notes reveal the injuries …

16 Year Old Rear Ended by Truck... 
I was stopped behind two cars and a lifted truck was coming towards me not slowing down. I saw him coming and knew he would hit me so I braced myself and …

Motorcycle Hit and Killed Our Dog... 
On May 10, 2011 my St. Bernard was hit by a motorcycle and killed. The gentleman riding the bike was injured and has retained an attorney who is requesting …

Auto Accident Settlement Without Medical Bills? 
I was in an auto accident where I got rear ended and the other driver's insurance admitted fault. I am claiming that I got hurt. I'm wondering if I can …

Auto Accident Personal Injury Claim... 
I'm wondering what's a fair settlement offer for an accident where the other driver was found 100 percent at fault. My injuries were a bruised chest from …

Car Accident Back Injury Case... 
I had a car accident back injury and I'm not sure what my settlement should be. On Dec 23, 2009 I was in an auto collision where another driver failed …

Need Automobile Accident Legal Advice... 
About 4 weeks ago I was stopped at a stop sign. I was looking down at the time when I was struck from behind which caused me to bang my head on the steering …

Question about rear ended claims... 
My pregnant daughter and her 4 year old son were passengers in a car which was rear ended. They both went to the hospital. She miscarried the next day. …

Slip and Fall Liability Question... 
I'm 9 month pregnant and my father was dropping me off at my apartment complex. As I was walking carefully I slipped and fell. My father hopped out of …

Sprained Back from Fall in my Apartment... 
My sock caught on a nail that was sticking out of the stairs in my apartment, causing me to fall and sprain my back. I previously reported that the nails …

Sprained Ankle After Stepping in a Sinkhole... 
I fell in a sinkhole at a mobile home park and sprained my ankle. Now the park is saying they are not at fault, however they are willing to pay my $2,218 …

How Can I Increase My Personal Injury Claim? 
I was traveling to work on the highway. A man in a truck hit me in the rear totaling my car and injuring my neck, shoulder and lower back. The insurance …

Payment for Injuries to Child in Car Crash? 
I'm wondering who gets the settlement for a child in car crash cases? I was t-boned by 16 yr old who was ticketed for running a stop sign, injuring myself …

Is Auto Accident Compensation Less for Kids or the Elderly?  
My kids, my mother-in-law, my husband and I were injured in a car accident. The other driver hit us from the back and her insurance company accepted full …

Injury settlement doesn't pay medical bills? 
The subject was hit by a vehicle while riding a bicycle in Winston-Salem, NC. He obtained an attorney. Almost a year from the date of the accident, he …

Injured at a Large Restaurant Chain... 
My wife, son, and I were sitting at a table/bench at a fast food restaurant. We were sitting side by side and my son was on a chair on the end. My wife …

Health Insurance Lien on Personal Injury Payment... 
We recently won an amount of money for a slip and fall. Payment has not arrived yet, however, the health insurance carrier has put a lien on the award …

How much for medical bills and pain and suffering in a car crash? 
A year and a half ago I was in an auto accident. I was riding in the car of the driver who was found to be at fault. I had a fracture to my radial bone …

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What is a fair settlement for a leg fracture in a slip and fall? 
I was going to a new job the day before I was officially scheduled to work and fell in the parking lot. The parking lot was one big sheet of ice from an …

Taking a Settlement for a Rear-End Car Accident... 
I was rear ended in a car accident. I am sore. They want to settle and I am not sure if there may be complications afterward. If I settle now will I not …

Fall on Escalator in a Train Station... 
While getting off an escalator in the train station, I was knocked down onto the step of the escalator by a frail elderly woman. She was unable to get …

Auto Accident Settlement: Who gets paid first? 
A year ago I was involved in a car accident. The insurance company of the person who caused the accident is trying to settle this case, and they are offering …

Medical Bill After Auto Accident Settlement... 
Finally, a month ago the insurance company approved the medical bills, lost wages (some), etc. Upon receipt of everything they requested that I sign a …

Back Injury Requiring a New Bed 
I was in a car accident in February of this year. The other driver came down the ramp and did not stop at the stop sign. I hit him in the side. We …

How much should I counter offer for this car accident settlement? 
I was rear ended on the highway while slowing down for traffic. I had some back and neck injuries. I went to my doctor, then physical therapy followed …

Car Crash Settlement - Is It Fair? 
My wife was involved in an accident where a driver turned left, out of his driveway, in front of her. She was traveling about 20-25 mph and he was at about …

Are Medical Bills and Pain and Suffering Paid Together? 
In a car accident settlement does the insurance company pay the medical bills separate, or do they include the medical expenses in the pain and suffering …

My Damages are More than his $50,000 Insurance Limits... 
We had a 70 some year old man hit us from behind. I hit the door pretty hard and then turned around quickly to see if my kids were okay. I have had one …

Is the Rental Car Company Offering a Fair Settlement? 
I was in a accident which was no fault of mine. My injuries included an abrasion on my face from the air bag. I also had shoulder, neck and back pain. …

Injuries More than Insurance Liability Limit 
My husband and I were involved in a car accident that wasn't our fault. We hired a lawyer and they spoke with the insurance company. The insurance wants …

Paying Taxes on a Personal Injury Settlement 
My wife was hit by a car in California. She received a settlement for pain & suffering. I've read online that she does not need to pay income taxes on …

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How Much Are Your
Injuries Worth?

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free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION