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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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On April 29, 2016 I was rear ended. The lady wasn’t paying attention as traffic was at a complete stop. Her insurance company handled my car repairs by paying me for the damage done to my 2002 Toyota Camry. Here is their breakdown of my medical bills: We have your medical bills totaling $2,695.64 after the... Read More >>
I am a city employee. I was hit while driving in my car on my way to work by an individual. In doing so, I broke my phalanx pinky finger on my right hand. I am a Computer Technician so my livelihood is at stake. I was told by my physician that my injury may... Read More >>
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 I am only receiving $31,000…the rest went for fees. That is ridiculous! The apartment complex was sued and so were the gardeners. There were two separate checks. As... Read More >>
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 out or what, but next thing I remember was all these people around telling me not to move. The seat belt was... Read More >>
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, was totaled. I was transported by ambulance to the emergency room where I had multiple x-rays done, an EKG, and a CT scan of my chest,... Read More >>
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 even cover my lost wages. This is in Washington State. Can I accept the offer, then go after the at-fault party for the rest of the loses (pain... Read More >>
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 maximum property damage and totaled the vehicle. I was also injured in the crash. I have been in physical therapy for 3 months with soft tissue damage... Read More >>
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 me upstairs to see the apartment. He showed me some damaged stairs that were not fixed yet at the bottom. As we were coming down, about midway,... Read More >>
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 and explained what happened, and they opened a claim with their insurance company. Their insurance company contacted me and told me to get the tooth repaired, and... Read More >>
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 ball park valuations for my demand for a pain and suffering settlement. I had a premises fall in a local community theater on 04/15/2014. They have... Read More >>
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. The next morning I went to the Dr and they removed my toenail. I went back to the store and filled out an incident report,... Read More >>
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 lucky to be alive, and my entire world is still upside down. It’s been 30 days since the accident, and they say I have 2 more... Read More >>
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 off an embankment. Luckily there was no one killed. Our health insurance paid the claims, they are a pay and pursue company.... Read More >>
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 my injuries are pretty bad. I was NOT at fault in the accident, and the other driver (cop) was found negligent. I had $7000 in auto... Read More >>
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, except with severe pain. I am a college student also, and the semester starts soon and getting to class will also be problematic. Since... Read More >>
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 I’ve incurred. The adjuster gave me an offer with the notion that I would pay much less medical expenses if I send the medical bills to my own... Read More >>
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 had whiplash. I had several visits with my chiropractor and after numerous treatments he cleared me. I went back to work and re-aggravated... Read More >>
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 15 2012. I sometimes had appointments where the round trip drive to the facility was over 90 miles. I estimate the mileage to be around 1600 miles for... Read More >>
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 the total amount of the medical bills or just my out-of-pocket portion since I have medical insurance? Can you please explain how my settlement... Read More >>
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 insurance company and paid by them. We waited a couple of months to make sure there would be no more medical bills and then signed the settlement release... Read More >>
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 my upper back, shoulders, neck. I also now have headache pain that keeps me from doing yard work and house repairs, and from playing golf... Read More >>
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 and it was cut open. My daughter suffered no injuries and both were released from the ER after being seen. The insurance... Read More >>
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 resulting from a court trial. I “gave” my ex a portion of my settlement for him to “invest”. I then purchased a floral shop, the property for the shop... Read More >>
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, and we’d have to pay the medical bills and attorney fees from there. I think the settlement offer is too low. Can I make my lawyer not settle?... Read More >>
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 to release my funds. How long do I really have to wait from the time the insurance check cleared? Thanks. Read More >>
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 percent. He said he won’t charge us the standard fee of 33%, but he is charging us 20% plus his costs which would leave us with... Read More >>
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, me or the company with the lien on it? I’d also like to know if the adjuster can tell anyone but me what my settlement... Read More >>
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 amount, or my insurance? Read More >>
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 the blade and ran into my car, hitting the left front of my car and the left rear of hers. I have... Read More >>
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 the hill in my southbound lane, approaching me head-on. I attempted to swerve to the right out of the approaching car’s path. I ran up on... Read More >>
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 student when the accident happened and was unable to continue my studies due to injuries. I was obtaining my A.S. in Surgical... Read More >>
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 lot was wet. As I approached my car I slipped on an oil and water mixture. As I fell I felt a... Read More >>
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 to the hospital by EMS. I spent 2 days there and wound up with bruised ribs, a bruised lung and a concussion. In... Read More >>
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 as soft tissue damage so the insurance company’s quote was ridiculously low. I think I might have jumped the gun by submitting my settlement letter too soon.... Read More >>
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 got hit at approx 40 mph. My wrist hit the steering wheel and broke my watch completely off my wrist, I also injured... Read More >>
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 insurance information. I’m sure it will be easy to prove that the gentleman was speeding and witnesses have told me that he “teased” the dog regularly.... Read More >>
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 get settlement compensation without medical bills? Thanks. Read More >>
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 the air bag and two broken ribs from the seat belt. I also got pneumonia as a result of the chest injury. Total weeks down was 10. Thanks... Read More >>
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 to stop and pulled out in front on me. I went to hospital after the accident with very bad back pain. They did an X-ray... Read More >>
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 wheel. I did not seek medical attention but I’ve been having a lot of headaches stemming from my neck on the... Read More >>
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. They did not receive any compensation for the accident but the girl who they were with received $17,000 because there was a child in the car.... Read More >>
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 his car and called an ambulance. They told him not to move me. As I was crying in pain my father took pictures. The fire department... Read More >>
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 were coming up out of the stairs in my apartment to office management (more than once), but nothing was done and it resulted in me... Read More >>
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 medical bill and give me $500 for pain and suffering. I do not feel $500 is enough. Am I due more compensation? Should... Read More >>
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 offered me $1,800 for pain and suffering, and for lost time. I think it should be more like $6,000 due to the fact that... Read More >>
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 and four children. Two of the children are not mine. What I am interested in is, after my state farm insurance (which has already paid... Read More >>
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 liability. The agent of her insurance company told us that normally the auto accident compensation for kids is less than the amount for adults, most of the... Read More >>
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 in order to get reimbursed for the surgery which was not directly caused by the accident. The surgery was, however done sooner then expected because the... Read More >>
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 and crushed the ulner stynum. This resulted in a cast for 6 weeks then 5 months of physical therapy.... Read More >>
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 ice storm 2 days prior. I had a compound tib/fib fracture. After a lot of discussion, the hospital covered my medical expenses... Read More >>
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 was contacted by the attorney and told that his settlement is $9,250. The subject’s medical bills are $8,000 and the attorney says he gets $2,312 of the... Read More >>
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 be able to get compensation later? My lower back, neck, and shoulder blades are sore. My knees were sore and the top... Read More >>
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 decided to pass my son over to me to help him eat. In the process, the table tipped over and slammed us... Read More >>
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 off the escalator, fell on me and this resulted in a domino effect. The escalator was full of passengers who are now falling forward on top... Read More >>
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 me $3,000 (they specify $800 is for missed work and pain & suffering inconvenience and $1,000 has to go to the acupuncturist who has not... Read More >>
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 waiver of claims where I could not go after them from this point on for future doctor visits. However, I was very shocked and have been stressed out ever since... Read More >>
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 were going to start the settlement process and my lawyer told me to get re-evaluated by the doctor. I went and he... Read More >>
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 by several months of chiropractic care. Now the insurance company has offered me a settlement of $4,300. What would be a reasonable counter offer? Read More >>
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 5mph. My wife felt pain almost immediately following the accident and went to her regular care physician and then to a chiropractor for numerous... Read More >>
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 check? Read More >>
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 surgery on my shoulder and now another one due in a month. His insurance says that I have used up his... Read More >>
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. I’ve already got a settlement offer for $4,500. I walk away with $2,995.00 after the bills are paid. I want to know if I... Read More >>
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 to settle for 15,000 and my husband’s medical bills are well over that amount. He was in the hospital for ten days because of a ruptured spleen... Read More >>
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 this money. I am assuming this applies to federal law. I could find nothing concerning the Oregon state law. Are we required to pay taxes... Read More >>