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If you have injured and filed a personal injury claim one of the most important things that probably crosses your mind is how much is your claim worth? Well there are certain factors that insurance companies use in order the calculate and determine how much your claim is actually worth. For starters, let’s highlight a list of items that an insurance company is obligated to compensate.

  1. medical care and related expenses
  2. income and wages lost due to your accident
  3. permanent physical disability or damage
  4. loss of social, educational, or family experiences such as missing school because of your accident
  5. disfigurement
  6. emotional damages including stress, depression, embarrassment etc. due to your accident.


How the formula is calculated

Determining compensation is difficult because there is no completely accurate dollar sign to place on pain and suffering. Because of this reason, most insurance companies have a damages formula which they use to calculate the value of your personal injury claim. They generally start with what is known as a “base figure” this number is the total of all medical expenses related to your injury. The next step then is to add any wages lost because of the inability to work because of your injuries. This calculation when both of these numbers are added together this generally tends to be the basis of the negotiations.

Percentage of Fault

Most often times than not an extreme key factor that goes into determining compensation for your injury is the extent to which each person involved was at fault for the accident that occurred. As with the compensation, determining an exact number for fault can often times be tricky, but if you have a rough percentage of how much you are at fault then that percentage will be deducted from how much the insurance company will pay you, if you a little at fault  your compensation will be higher versus being a lot at fault.

As you can see there are multiple factors that insurance companies must take into consideration in order to determine how much your personal injury claim is worth. It is important to cooperatively work with insurance companies and your lawyer to get the compensation that you deserve for your pain and suffering.

DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Malman Law shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. For more information read our full disclaimer.

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.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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    - Cheryl Wagemann
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