All personal injury claims are paid according to the particular case elements. Certain items are termed as special damages because they can be calculated in exact dollar amounts for the most part. Serious injury claims will commonly include future medical considerations that can be a component of a final lump sum settlement or continued as the injury rehabilitates. Most insurance companies will actually want to settle for a lump sum and avoid future responsibility, but this is not always the case. And this agreement can significantly impact any payout when the case is finally settled. These financial recovery elements are considered non-economic general damages and are based on the future life impact of the injury, including mental anguish associated with chronically dealing with the injury. This value can be an extensive amount of compensation, and having an attorney who has calculated general damages in the past can be a real advantage in finalizing a claim.
Calculation Methods
There are essentially three methods of determining the value of a general damages claim in any injury filing. They are the multiplier method, per diem method, or a general estimation of expenses and lost quality of life following the fact. The seriousness of the injury can have a major impact on which method yields the most in terms of financial compensation. Your attorney can figure these damages according to all applicable criteria in arriving at an equitable amount and make a decision after negotiating with the insurance adjusters.
Proof of Damage Claims
Just as in proving an injury claim exists, personal injury attorneys must also support claims for general damages with documentation. Those forms of documentation can include:
- Medical reports
- Prescription records
- OTC medication receipts
- Medical bills
- Proof of lost wages
- Time off from school
- Personal journals and testimony
- Photos of injuries
These are just a few of the components regarding how general damages are determined in any personal injury claim. All cases are unique in some aspect, and different types of injury claims involve different claimable items. The personal injury attorney you choose to represent your claim is essential to a successful outcome, and general damages are what makes the injured victim financially whole when it is all said and done. Always call our personal injury lawyers Tobler Law for comprehensive representation if you are in the Phoenix, AZ and Mesa, AZ area.