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Tuesday, January 14, 2014
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.
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.
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.
There are a few factors that define the type of injury or damages caused by the injury, such as:
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.
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim