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Bodily injury—it’s a term you’ve likely heard thrown around in regard to car crashes and other accidents, but you may not know what it refers to in terms of the law, and you may not know how a bodily injury settlement is calculated. If you’ve sustained an injury, whether at work, in a car accident, or anywhere else, it can be helpful to know how to calculate the compensation you should seek, as it can help guide your case. There are a few ways that insurance companies do this.

Determine Who Is At Fault

The amount of any settlement will depend on who was at fault. For instance, if someone else was at fault for the injury, the settlement will be based on the amount of insurance the at-fault party has. If you were at fault, the same guidelines are in place—however, you may also claim a personal injury settlement on your own insurance policy, such as if the accident happened at work, but it was your fault.

Figure Out What Caused the Injury

Depending on the type of injury, settlement amounts will vary. For example, highway road accidents due to road conditions will be treated differently than road accidents caused by careless driving. Slip and fall accidents, work-related injuries, assault/physical attacks, and defective product injuries all get treated differently when it comes to compensation.

Identify the Type of Injury/Damages

There are a few factors that define the type of injury or damages caused by the injury, such as:

  • How it will affect present or future life enjoyment
  • How it will affect present or future employment
  • Whether there is property to be replaced
  • If there is mental defect/injury, temporary or permanent
  • Age of the injured party
  • Emotional damages

What is Taken Into Account When Calculating a Settlement?

Typically, there are a few different figures that insurance companies use to calculate a settlement. These include economic damages (or “special damages”) which include medical expenses, property damage, lost earnings, and estimated future medical expenses.  Non-economic damages are also factored in—things like pain and suffering, or emotional trauma.

When you need questions answered regarding a bodily injury or personal injury case, contacting a lawyer can be a great help. Feel free to contact Malman Law if you have questions or need help with a bodily injury claim.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

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