Damages & Compensation

Valuing Your Personal Injury Damages and Compensation

Use this step-by-step method to estimate a range of values for your personal injury claim.

What Are Special and General Damages In Your Personal Injury Case?

Special and general damages (often called "economic" and "non-economic" damages) are the two main categories of compensable losses in a personal injury case.

The Damages and Compensation Formula in an Injury Case

A look at the math and reasoning behind the insurer adjuster's valuation of your personal injury claim.

How Much Should You Settle For?

After a car accident, slip and fall injury, or other accident, you want to resolve your case quickly and fairly, but how do you know what's fair?

The "Right" Medical Treatment Increases the Settlement Value of an Injury Claim

The details of your post-accident medical treatment play a big role in how the insurance company values your claim.

How Long-Term Injuries Affect the Value of Your Claim

Long-lasting or "residual injury" can boost the value of your personal injury settlement.

How Gaps in Medical Treatment Affect Your Injury Claim

The insurance adjuster's assessment of your injuries is based almost entirely on your medical records. Gaps in treatment may cause the adjuster to "devalue" your claim.

Will Your Injury Claim Cover Chiropractic Treatment?

If you injured your back, neck or spine and you've made a personal injury claim, the responsible insurance company should include that cost in a settlement - or, at least some of it.

What is Pain and Suffering In a Personal Injury Case?

Especially in cases involving serious injury, "pain and suffering" can represent a significant portion of a personal injury claimant's compensable losses.

How Does an Insurance Company Determine Pain and Suffering Damages?

There are no strict rules for putting a dollar value on pain and suffering in a personal injury case, but here's what an insurance company might consider.

What Multiplier Should You Use When Valuing Your Personal Injury Case?

A multiplier is often used to put a dollar value on pain and suffering in a personal injury case, but what number is appropriate?

Lost Income and Your Injury Settlement

You're typically entitled to reimbursement of lost income as part of your personal injury settlement. Here's how to get it.

Damage Caps and Other Limits on Personal Injury Awards

Some states limit the amount of money that can be awarded for certain kinds of damages in a personal injury case.

Collateral Source Rule in Personal Injury Law

The collateral source rule prevents an injured person's damages from being reduced by payments from their own medical insurance, workers compensation, or other third party sources.

The Value of Your Injury Claim vs. Available Insurance

If there is no insurance policy against which to make your injury claim and the defendant doesn't have deep pockets, the value of your case is effectively zero.

Emotional Distress Damages in a Personal Injury Case

Get an understanding of the role that emotional harm can play in an injury claim.

Negligent Infliction of Emotional Distress Claims (NIED)

In an NIED claim, the plaintiff asks for compensation for emotional distress, sometimes when no physical injury occurred.

Compensating Spouse and Family of the Injured: Loss of Consortium Claims

In a personal injury or wrongful death case, the injured person's family members may be able to recover for their own losses.

Damages & Compensation for Mental Anguish in a Personal Injury Case

Mental anguish is similar to an emotional distress claim in a personal injury lawsuit, where the damage done affects the plaintiff psychologically.

Stress & Anxiety as Damages in a Personal Injury Case

Stress, anxiety, and the mental toll an injury can take may be compensable damages in an injury claim.

Proving PTSD Damages in a Personal Injury Case

After a serious accident, a post-traumatic stress disorder (PTSD) claim will usually require corroboration by an expert witness.