How to Determine a Demand Amount for an Injury Claim

When someone suffers a personal injury in any type of accident, especially when that accident is someone else’s fault, the last thing they want to focus on is a legal battle over compensation. But that is exactly what many victims are required to do. That is why it is so important to obtain all the information possible about the accident, the injury, the treatment required, and any diagnosed disability, to enable them to calculate an accurate demand amount for their injury claim.

Compensation Elements

There are a number of elements to consider in a personal injury case that effect the calculations for compensation. Every victim must be sure to provide all the documentation possible for each of these elements when the negotiations with the insurance adjuster begin.

Medical diagnoses, treatments, and costs. It is vital to provide the adjuster with an early estimate of these costs, though it is wise to make that estimate high. It is better to have them prepared for additional costs that may never arise, than to have to raise the amount later. Once a victim has reached their maximum medical improvement, the actual costs can be calculated.

Pain and Suffering. These costs are more difficult to calculate, although insurance companies and personal injury attorneys have standard formulas they use to guide them. Standard pain and suffering amounts are multiplied by rates based on the seriousness of the injury to determine the appropriate settlement for this category.

Lifetime Care. For permanent disability or disfigurement, there are additional costs for permanent nursing care, equipment, rehab and in-home care, even by family members. Expert testimony can be essential for this category.

Loss of Income. For most injuries, this is a simple calculation of the time missed time their salary or hourly rate. For permanent injuries, there are vocational experts who can provide information about what a permanent injury victim might have earned over their lifetime, even if the victim is a child with little background to begin that estimate. In addition, as a result of some partial disabilities, the victim may be unable to resume their former career. This category may require additional money for rehabilitation and retraining for another career.

Getting Legal Help with Demand Amounts for Personal Injury Claims

There are a number of elements that are included in a demand amount calculation for a personal injury claim. Not only are those elements complex in them, when they are consolidated into a reasonable settlement amount, it can require information from a number of experts. An experienced personal injury attorney can find the appropriate experts to compile this information, calculate an appropriate demand amount, and negotiate with the insurance adjuster for the kind of settlement their client deserves.

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