Generally, when someone is injured due to a car accident then the person will go through a lot of physical as well as mental trauma. Also, to determine how much compensation to claim from the offender is another tough job to do, as there are no direct formulae to calculate the exact amount. However, there are few steps that you need to understand so that your compensation settlement negotiation can move smoothly.
Following are few steps that you need to follow in order to calculate compensation so that you can claim from the offender successfully.
- Produce enough evidences to prove that the person caused you injuries
- Present your case in such a way that the adjuster cannot reject it
- Produce document evidences of all damages
- Negotiate for settlement in good faith
All the evidences can be produced in the form of photographs, statement of witnesses, medical bills etc. Before you start the process of negotiation, you must calculate your compensation that you want to demand.
There are usually two types of damages:
These damages can be easily measured in terms of money by producing bills for medical expenses or the amount of wages lost due to injury etc. Usually, there can be very little disputes in this kind of damages.
These damages are intangible in nature which you may be suffering now and quite likely that you will suffer in future too just because of this accident. There are certain damages that can also be due to mental or emotional disturbances. It is really very challenging to calculate such damages. Also, while claiming for such damages, there can be a dispute.
Special damage calculation
As far as calculation of special damages are concerned, it is much simpler and straight forward. You can collect all the bills for various expenses that you made because of injuries and include all tangible losses. Your special damages must include the following:
- All wages lost in present and future
- Medical bills for doctors, medicines, therapies hospitalization etc.
- Other expenses like transportation charges or parking fees
- Cost of items damaged or lost due to accident
General damage calculation
It is difficult to assess these damages as they are subjective and also depends upon individual to individual. Also, there are no exact formula available to calculate such damages. They are usually based on the pain and suffering of the individual and they generally include the following:
- Anxiety and depression caused due to injury
- Emotional distress suffered
- Inability to concentrate on anything
- Loss of consortium
- Persistent loss of sleep due to trauma
- Physical pain and other aches
The amount of pain that you may be suffering cannot be the same for others. Sometimes two people may suffer same kind of injury but one may feel more pain than the others. One person may suffer depression while others may not. One person may be able to perform all jobs after same kind of injury while others may not be able to do. Therefore, it is better that the matter is dealt by the lawyer himself with the other contesting party.