Determining a Multiplier to Value Your Personal Injury Case
Does your personal injury case warrant a high multiplier to value your pain and suffering. Find out.
In most personal injury cases, if an insurance adjuster is using a damages formula to value your claim (like our claim calculator), it's usually based on a multiplier of between one-and-a-half to five times your medical costs. This is how the adjuster typically arrives at a base negotiating figure -- not including lost income. However, in some types of claims, certain factors line up so overwhelmingly for the injured person that the top multiplier of five is simply not high enough. In those claims, the multiplier might move up to six, seven, or even as high as ten times special damages. Read on to learn more.
Think You Should Use a High Multiplier? Not So Fast
Most of us tend to believe that our own pain and discomfort is very bad. But don’t quickly jump to the conclusion that your claim is one of those entitled to the highest compensation. In fact, only a few claims justify a multiplier of more than five. So, what kinds of things should you look for (and try to emphasize in negotiations with the adjuster)?
Factors That Justify a High Multiplier
In order to realistically consider a multiplier of more than five, you must have had a serious injury, and most, if not all, of the following factors must be present:
- the other party’s fault for an accident must be obvious and almost total
- your injuries must be unquestionably observed or detected by medical examination
- your injuries must be obviously painful and dramatic -- a fracture, or a wound, tear, or displacement that requires surgical treatment, or that cannot be successfully repaired
- diagnosis and treatment must come primarily from physicians and hospitals
- recovery must be prolonged (six months or more)
- you must suffer some permanent consequence -- pain, immobility, weakness, discomfort, scarring -- that is medically documented, and
- your physicians must clearly indicate that you will have recurring, degenerative, or future problems as a result of the injuries, even if they have stabilized for the time being.
If all or almost all of these factors are present in your claim, you may be justified in seeking more than five times your medical specials. At least in your formal demand for compensation and your early negotiations with the insurance company, you can begin with an amount that leaves room for a settlement of more than five times specials.
But the fact that you feel justified in initially seeking such an amount doesn’t mean that you will receive it. You may find that the insurance adjuster points out weak spots in your claim. Or you may ultimately find that you have simply inflated in your own mind the seriousness of your injuries, and therefore inflated your expectations. Be aware that if you allow yourself to get carried away with the unjustified hope of a very high settlement when the facts of your case don’t support it, you will only prolong what is already a lengthy settlement process, leaving yourself open to great frustration and disappointment. So, make sure that your claim really fits the profile outlined above before you begin thinking of a multiplier of more than four or five times your medical costs.
Example of a High Multiplier Settlement
Having said all that, let's take a look at what a high-multiplier settlement might look like. Driving her car, Bea was slammed into from behind by a truck. The force of the impact drove her face into the steering wheel, breaking her jaw and driving a tooth through her lip. Her jaw was wired shut for six weeks and she had pain and difficulty eating for over a year. She now has a small scar on her lip and has lost a bit of feeling there. Her medical specials were $8,000. She was retired, so she lost no income.
The accident was entirely the fault of the truck driver. Bea’s injuries were dramatic and very painful, requiring over a year’s recovery and leaving her with both a scar and some loss of sensation in her lip, which seems to be permanent. Because of all these factors, Bea is likely to receive a settlement of between $40,000 and $60,000.
This article is excerpted from How to Win Your Personal Injury Claim by Attorney Joseph Matthews (Nolo).