Getting Money For a Long-Term Injury

The more money involved in a personal injury claim, the greater battle the victim may face in obtaining the compensation they deserve. Long-term injuries fall into that category, as the medical costs continue to rise over time. It is important for victims of long-term injuries to be sure they know the full extent of the treatment they are going to require, the length of their treatment, or if their disability or disfigurement will be permanent before they file a final claim amount. Otherwise, they may incur additional expenses that would not be covered under the settlement they obtain.

Types of Long-Term Injuries

It is vital for a victim to learn the full degree of their injury before submitting a personal injury claim, especially when there are indications that the injury may be permanent. There are several types of injuries that may be classified as “permanent” in personal injury claims.

Temporary total disability – such victims face temporary incapacitation, but the prognosis is for eventual restoration to full function

Temporary partial disability – such victims face temporary partial incapacitation, but the prognosis is that they will eventually be restored to full function

Permanent total disability – such victims suffer total incapacitation which is expected to last for the remainder of the victim’s life

Permanent partial disability – such victims suffer partial incapacitation which is expected to last for the remainder of the victim’s life

Any of these types of injuries can be considered “long-term,” and may require ongoing treatment or care. As a result, they often require higher compensation amounts.

Injury Claim Formula

In order to calculate the amount of compensation to claim, most insurance adjusters and personal injury attorneys begin with a standard formula:

The medical expenses are calculated, once the full extent of the victim’s injuries are determined – termed “medical special damages,” or “specials.”

The severity and term of the injury are assessed and used as a multiplier – 1.5 to 2 for minor injuries, 5 for more serious injuries, and up to 10 for the most extreme cases.

The lost income is calculated – counting the missed days/hours of work for minor injuries, estimating the long-term losses, including normal increases expected throughout a lifetime, with the help of vocation experts.

The formula calculates the medical expenses multiplied by the severity rating of the injury, added to the loss of income that is expected to be a result of the injury. That total equals the starting point for determining the amount of a compensation claim.

Getting Legal Help with Compensation for a Long-Term Injury

While there are standard formulas that are used to calculate personal injury compensation for long-term injuries, those formulas are only the starting point for a claim. Each accident and each injury are different, and an experienced personal injury attorney knows how to translate those guidelines into an appropriate claim amount. They can also often negotiate effectively with an insurance adjuster to win a settlement out of court. If necessary, they should also be able to present the case effectively in court, as well.

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