There are multiple factors to consider when determining the value of a personal injury claim. There is even an injury damage formula that can be used to create a general idea of what a claim might be worth. Each claim is different, so any number reached would be an estimate. Although each case is different, the majority will have a few common factors to consider. These common factors can increase or decrease the amount of compensation received through a settlement or during a personal injury settlement court case. (Note: most personal injury cases don’t go to court for trial since trials are expensive and time-consuming, and often a settlement can be reached outside of court.)
When a Higher Multiplier is Appropriate
Most formulas used to determine the value of a personal injury claim use a multiplier. This is a number that represents how significantly you, the defendant, was affected by the injuries sustained during the personal injury. Other considerations are the amount of medical treatment required to treat those injuries as well as the pain and suffering experienced. Pain and suffering is subjective and is sometimes difficult to quantify.
Every personal injury victim wants a higher compensation. This is not always possible; however, there are some instances where a higher multiplier might be appropriate. Here is a list of those situations.
1. Medical expenses that are used mainly for treatment
2. Treatment provided by a clinic, hospital or medical doctor
3. A hard injury. Hard injuries are usually serious and can include nerve damage, join injury, vertebrae injury, head injuries and broken bones.
4. Prescribed medication used to treat the injury.
5. Long recovery period.
6. The necessity of long-term injury
7. Physical or emotion distress as a result of the injury
8. The chance of a full recovery and if the injury is permanent such as loss of mobility, weakness, scar, stiffness.
9. The level of impact the injury has on a person’s quality of life, and if the injury caused missed vacation, missed school or training, or missing a special event.
Not all personal injuries qualify for a higher multiplier, as per personal injury lawyer in Leamington. A lower multiplier is considered appropriate in the following situations.
1. Treatment by non-M.D. providers
2. Soft tissue injury like a sprain, strain or bruise
3. If the medical expenses are mostly for diagnosis instead of treatment
4. Short-term care required, i.e. only a few visits to a health professional, for example
5. Short injury recovery time
6. No residual or permanent injury
7. Limited physical or emotional problems as a result of the injury
8. No medication prescribed in connection to the injury
This is an overview of some of the factors that can affect compensation. There are other factors to consider, as well. These include who is considered at-fault, witnesses, lack of credibility, and professional connection with the claims and settlement process.