The damages and compensation formula is a way for insurance adjusters to calculate how much money your losses are worth when you’re filing a personal injury claim. But you may be wondering, “How can someone possibly put a value on how much pain I’ve experienced?” Adjusters need some basis for calculating your compensation, so let’s take a look at how this formula seeks to do accomplish this task.
What is the Purpose of the Formula?
When someone files a personal injury claim, they are seeking to recover compensation for their losses resulting from their injury. These losses include special and general damages. Special damages are all expenses relating to the injured person’s medical care.
The general damages are all other losses such as lost income due to missing work, permanent disfigurement or physical disability, pain and physical suffering, decreased quality of life such as missing out on social, family and educational experiences and the emotional toll all these losses take on a person.
It’s pretty simple to calculate the monetary value of the medical expenses and lost income, but the other damages are more difficult. How do you put a value on pain and suffering? This is where the damages and compensation formula comes into play.
What is the Formula?
When insurance adjusters begin calculating how much you deserve in compensation, they start with your medical expenses or your special damages. If you injuries are relatively minor, they multiply the amount of special damages by one and a half to three to get a new value.
If your injuries are more serious, they multiply your special damages up to five times or more to get a higher value. After the adjuster reaches this amount, they add on the amount of income you lost due to your injuries.
This total of your special and general damages may be the end of the formula, but it isn’t necessarily the amount you’ll receive in compensation. It’s the amount from which you can begin negotiating your settlement amount.
How do Adjusters Determine the Severity of Your Injuries?
As we mentioned, calculating the total value of your damages involves multiplying your special damages by a number between one and a half and five, and possibly an even higher number. So how do insurance adjusters decide which number applies to your injuries? These are the main factors that they need to consider when making this determination. The more serious each of these factors are, the higher the multiplying number in the formula will be.
- More obvious medical evidence of your injury
- The more painful your injury is
- Longer lasting and more invasive medical treatments
- Longer recovery period
- Permanent effects of your injury that are more visible and serious
Seek Legal Help for Your Personal Injury Claim
If you have been injured and need to file a personal injury claim, contact one of our personal injury lawyers at McMahan Law Firm. We have offices in Chattanooga and Knoxville, TN, and our experts can fight for your case and help get you the compensation that you deserve.