A personal injury car accident settlement award is often treated and valued separately from the damage portion of the same settlement. As such, it is entirely possible for a personal injury claim to be denied while the rest of a claim is compensated. Below are the facts and calculations for a personal injury settlement claim offer.
The Basis of Injury and Award
For a personal injury claim to be compensated by an insurance company, the injuries must be undeniably related to the accident. This means that there must be evidence or it must be clear that the injury was not present before the accident. A lost limb, scar or surgery performed because of injury received during the accident is sufficient to establish this connection. For other injuries, the party may need to provide medical records showing the absence of the complaint prior to the accident.
The Amount of Award
The value of an injured party’s injury will include: medical expenses, future medical care and pain and suffering. Depending on the type of injury other damages may be awarded, such as permanent injury and wrongful death.
The value of the injury will be calculated by adding together all of these costs. Future medical expenses will be based on the typical award for similar injuries in the area and expert advice. Pain and suffering awards are based on previously awarded compensation amounts for similar injuries in your area.
Third Party Payments
If the injured party is receiving compensation from medical insurance or a third party, such as the individual responsible for causing the accident, the amount of the injured party’s compensation will be reduced by the amount he has received.
Comparative Negligence
If a portion of the injuries are attributable to the injured party himself, the amount of award will most likely be reduced by the portion of his responsibility. To determine this, the insurance company will compare the facts of the accident and the injury.
Making Your Case
If you request compensation for personal injuries, the insurance company will send an adjuster to evaluate the cost of your damages. The adjuster will review your documents and interview you about your injuries. Possibly, the adjuster will also interview your physicians. He will then make a recommendation to the company about how much compensation to offer you for your injuries.
Seeking Legal Assistance
If you have been injured in an auto accident, seek legal representation. A lawyer will assist you with the claims process and, if necessary, represent you in court to obtain compensation for your damages.
