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It isn’t an easy task to determine how much accident injuries are worth in a claim. Settlement amounts depend entirely on individual circumstances, and as a result there are many ways that insurance companies determine the value of a plaintiff’s case.

Conditions of Insurance Company Compensation

You should have as much of an understanding as possible of the kinds of damages that entitle you to compensation. Here are some of the aspects of an accident case that liable parties must pay to victims:

  • Damaged property
  • Loss of various experiences including school, training, vacation or special events
  • Permanent physical disfigurement or disabilities
  • Lost income because of time spent in hospital stays or other treatments
  • Emotional damages relating to an accident, such as stress caused by a sudden inconvenience in living situations

The Effective Damages Formula

Because of the varying degrees of injuries, determining their value isn’t simple. Insurance companies also need to figure out how much lost experiences and opportunities require in compensation. These factors are why a damages formula is helpful for insurers.

Claim negotiations start with a total sum in medical expenses, which an insurance adjuster determines. Through the amount of these “medical special damages,” or “specials,” the adjuster can then find out how much an injury victim should receive for emotional and physical suffering, as well as other nonmonetary losses, or “general damages.” The adjuster multiplies medical specials by 1.5 or 2, and can multiply up them up to 10 times for serious injuries, which helps determine the amount owed because of lost income.

The most important factor to determine the full compensation amount is percentage of fault. The percentage of fault calculates how much responsibility each person has in a case, and the percentage of the victim’s involvement will decrease the amount owed.

A personal injury attorney can help determine how much your personal injury claim is worth, and work to get you the right compensation. Request a free consultation today.

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.

Client Review

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    - Cheryl Wagemann
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