The value of your injury in an auto insurance claim depends on the extent of medical care you have received and anticipate needing. Additionally, there are other damages that relate to your injury but which are not medical expenses. The value of you injury in an auto accident claim is calculated based on the following damages.
Past Medical Expenses
The most important and easiest to calculate damage that will be included when valuing your injury is your past medical expense. This amount only includes the expenses that you paid out of your pocket. If you have medical insurance that is covering the majority of your expenses, you will not receive compensation for the amount paid by insurance.
Future Medical Expenses
If you and your physician expect your injury to require care or treatment in the future or for the rest of your life, you will be compensated for these costs. The amount of money you will be awarded for future medical expenses will be based on the average payout for such damages in your area and professional recommendations.
Permanent Injury or Death
If you injured in a way that is permanent or if a loved one died as a result of injuries sustained in an auto accident, you are entitled to payment for these damages. The amount of money you will receive is again dependent on those awards typical to your area and professional advice, but in the case of permanent injury will also be determined based on an analysis on the loss of the ability to perform regular daily activities, if any. Wrongful death allegations can be paid via insurance claims but are usually resolved in a lawsuit.
Lost Wages
If your injury forced you to miss work, you will be compensated for the amount of wages you lost. This amount will be those wages you anticipated to receive but never did. It is calculated based on your salary or employer’s reports.
Pain and Suffering
Compensation for pain and suffering will be based on the diminished capacity of the injured party to engage in an activity, common payments in your location and professional advice. Because awards for such damages are basically guesswork, an insurance company will require extensive advice and evidence prior to awarding a large amount of money.
Loss of Consortium
This type of damage is awarded when the injured party’s spouse or immediate family claims that his injuries have impacted their ability to enjoy his company or for him to fulfill his normal role and obligations. These amounts are often based solely on prior awards for similar injuries in your area.
Getting Legal Help
If you have been injured in a car accident and are unsure about the value of your injuries, seek legal assistance. An attorney will review the facts of your injury and advise you about the value attributable to your separate injuries.
