A whole host of variables go into putting a dollar value on a personal injury claim (there is even an injury damage formula that can give you a ballpark idea of what your case might be worth). Obviously every case is different, but there are also a few common factors that tend to either increase or decrease the amount of compensation you can expect to receive through an out of court personal injury settlement from the insurance company, or from the court in the rare event that your personal injury lawsuit makes it all the way to trial.
Compare the factors listed on this checklist with the real-world facts in your own case, and get a sense of how the dollar value of your claim might be impacted.
In the most common formulas used to value a personal injury claim, a multiplier is applied to determine how (and how significantly) you were affected by the nature and extent of your injuries, by the medical treatment made necessary by the accident, and by the subjective "pain and suffering" you experienced.
The following factors will guide an insurance adjuster toward a "fair" multiplier. (Learn more about the multiplier in a personal injury settlement).
Factors that might make the use of a higher multiplier appropriate:
Factors that might make the use of a lower multiplier appropriate:
After the settlement formula is applied, the opposing party will look at the other legal and practical issues that help or hurt the overall strength of your case.
Factors likely to get you higher compensation after the formula is applied include:
Factors likely to get you lower compensation after the formula is applied include:
This checklist is an excerpt from How to Win Your Personal Injury Claim by Attorney Joseph Matthews (Nolo).
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