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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Visitor Questions on Injury Compensation
Why do I have to use my own medical auto insurance policy? 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 >>
How to get restitution for possible lost future earnings? 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 >>
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 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 >>
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 out or what, but next thing I remember was all these people around telling me not to move. The seat belt was... Read More >>
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, 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 >>
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 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 >>
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 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 >>
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 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 >>
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 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 >>
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. 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 >>
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 off an embankment. Luckily there was no one killed. Our health insurance paid the claims, they are a pay and pursue company.... Read More >>
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 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 >>
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 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 >>
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 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 >>
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 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 >>
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 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 >>
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 and it was cut open. My daughter suffered no injuries and both were released from the ER after being seen. The insurance... Read More >>
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 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 >>
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, 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 >>
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 to release my funds. How long do I really have to wait from the time the insurance check cleared? Thanks. Read More >>
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 lot was wet. As I approached my car I slipped on an oil and water mixture. As I fell I felt a... Read More >>
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 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 >>
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 get settlement compensation without medical bills? Thanks. Read More >>
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 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 >>
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 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 >>
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 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 >>
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 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 >>
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 check? Read More >>
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 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 >>
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 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 >>