How Personal Injury Claim Compensation Increases with Permanent Injuries
Personal injury claim compensation can range from a few hundred dollars to astronomical sums, depending on the damages sustained. At a minimum, a settlement will cover medical costs due to the accident; that number is easily discovered since the doctors’ bills have a total amount. When claims also compensate for lost future earning potential, emotional distress, or long-term medical issues, it is more difficult to ascertain a settlement that adequately compensates the victim, since that type of trauma has no dollar amount.
More than any other category, permanent injuries cause compensation totals to skyrocket, since by definition those injuries will continue to impact the victim for the rest of his or her life. Permanent injuries are also sometimes referred to as residual injuries; they may not be immediately apparent or cause difficulties from the start, but they are never going to disappear. Back or joint pain can severely impede work, hobbies, and everyday life. Scarring or disfigurement brings an emotional toll. Brain damage is likely to completely alter someone’s life.
Often, a settlement that includes permanent injury compensation will also include an amount for lost future wages and/or emotional distress due to the injury. Unlike current medical bills, these are hypothetical numbers for unquantifiable concerns. Insurance companies have a rough formula that they use to find an amount with which to begin settlement negotiations. It generally consists of the total amount of medical bills multiplied between one and five times, depending on the severity of the injuries. If an injury requires invasive treatment, a longer recovery period, or has visible permanent effects, the settlement will be higher.
The best course of action is to have one or more doctors note in medical records that injuries are likely to linger or have little likelihood of dissipating. This offers unbiased proof that it is indeed a permanent injury and should be compensated as such. Be prepared to also show previous tax records to help support the amount of future earnings that will be lost. Additionally, one way to put a number on something like a scar is to get a quote for it to be fully removed. Depending on the situation, it might be advisable to seek multiple medical opinions before countering an insurance company’s offer.
As with any personal injury settlement, always discuss the offered compensation amount with a trusted Tustin personal injury lawyer before signing any documents from the insurance company. A lawyer will have a better understanding of the long-term effects of the injury and how quickly the settlement will be used up, no matter how generous it seems. Permanent injuries will affect victims for the rest of their years; they should not be taken lightly but should be handled by an attorney who will fight to achieve the maximum settlement.