Settlement Value

[sanjosedriver]

What is the name of your state? CA
Can anyone provide basic guidance on how to derive a fair value for an auto accident personal injury. What aspects make up special damages? I lost a lot of overtime opportunities due to my injuries, does this get put into the special damages or added on afterwards. What about future medical treatment? I just want a realistic guidline so I don't over/under value my claim. I wasn't seriously injured but have had ongoing issues with my injury since the accident.
I have medical bills, lost wages, lost overtime wages, future medical treatment. Which aspects are used to calculate general damages? I understand the multiplier factor to get the general damages, but am not entirely sure what is included in the base amount to derive general damages. Hope this makes sense so someone can answer it. Thanks.

 

[shortbus]

If you missed work due to injury ... your case is serious enough that you should see a lawyer.

 

[ISUE4YOU2]

What is the name of your state? CA
Can anyone provide basic guidance on how to derive a fair value for an auto accident personal injury. What aspects make up special damages? I lost a lot of overtime opportunities due to my injuries, does this get put into the special damages or added on afterwards. What about future medical treatment? I just want a realistic guidline so I don't over/under value my claim. I wasn't seriously injured but have had ongoing issues with my injury since the accident.
I have medical bills, lost wages, lost overtime wages, future medical treatment. Which aspects are used to calculate general damages? I understand the multiplier factor to get the general damages, but am not entirely sure what is included in the base amount to derive general damages. Hope this makes sense so someone can answer it. Thanks.

Your special damages are your REASONABLE medical expenses, REASONABLE future medical expenses, REASONABLE lost wages, and REASONABLE lost overtime wages; you will have to have your doctor document disability and your employer document lost wages and lost overtime wages. Your general damages are subjective, and are based on the severity of the impact, the nature and extent of your injury, the duration and type of treatment, and any residual. There is no crystal ball to look in, it is whatever you and the insurance carrier agree would be "fair." Generally, if you reach a number that you are the insurance carrier agree on, and both parties are unhappy, it is probably fair.

 

[ALawyer]

It seems as if it should be simple -- if we knew what formula insurance companies used to determine the settlement value of a case we would not need lawyers and could do it ourselves, right? NO! Unfortunately, two of the key factors are

1. "Does the injured person have legal representation?" as without a lawyer the insurance companies know they are dealng with people who are unsophisticated, who can be intimidated or manipulated, and/or don't know how the game is played and thus can taken advantage of, or forced into a concession that would undermine their case or opportunity to recover all they are entitled to.
2. "Who is the lawyer?" as lawyers who are known to be easy, or unknowns, or afraid of trying cases, get far less for their clients than lawyers who are respected, know what to do, and are not afraid to take the companies on.

Special damages - out of pocket expenses, etc. are easy. In many cases that's already being covered by health insurance, disability coverage, etc. In most cases the company that made the payment of medical expenses (such as employer supplied health coverage) has a right to recapture the money it laid out.