When it is time to determine the personal injury claim value, several variables have to be calculated. With simple cases like fender benders, you often need to think about minor vehicle repairs. In others, you need the help of experienced car accident lawyers in Boston, MA, because the variables are numerous, and you might not be aware of them.
Every single personal injury case will be different. However, factors like the ones below will always affect settlement claim value.
What Affects The Multiplier?
When evaluating injury claims, the multiplier is a number that will determine how significantly the victim was affected by the injuries. Deciding on an appropriate multiplier is very important, and this is done by taking into account things like:
- Brutal injuries – Things like joint injuries, head injuries, broken bones, nerve damage, and vertebrae injuries.
- Medical treatment is carried out by a hospital, clinic, or doctor.
- Medical expenses are directly associated with the treatment of the injuries.
- Longer recovery periods.
- Prescribed medication for a longer duration to treat the injury.
- Longer-term treatment periods for the injury.
- The presence of permanent injuries. This includes weakness, loss of mobility, stiffness, and scars.
- Emotional or physical distress that appeared because of the injury.
- Daily life disruptions. This includes missed training, school, recreation, vacations, and even canceled special events.
The factors that can lower the multiplier are:
- Soft tissue injuries like bruises, strains, and sprains.
- Other people carried out medical treatment than medical doctors.
- Most of the medical expenses are associated with the diagnosis of the condition instead of the treatment.
- Medication was not prescribed to treat the injury.
- The recovery period was short.
- Just brief medical therapies.
- No permanent or residual injuries appeared.
- No emotional or physical problems arose except the original accident injury.
What Other Factors Can Affect Compensation?
The settlement formula will be applied, and then we will see opposing parties analyze the practical and legal issues that could potentially hurt or help overall case strength. After the application of the formula, you will get higher financial compensation if some factors appear, like:
- There is no shared fault for the appearance of the car accident when looking at your actions.
- The person that is insured cannot be seen as sympathetic or credible.
- The professionalism and organization of the individual when connected with the settlement and claims.
- The presence of witnesses who can bolster the case or not.
Several factors will likely lower the compensation if the formula is being applied. This will include things like:
- The plaintiff shares a degree of blame for the car accident and the injuries sustained. These are known as contributory factors and can be applied for comparative fault.
- Sympathetic insured parties.
- Impatience or disorganization was noticed by one of the parties.
- There are no witnesses present who can bolster your record of the case. Alternatively, there might be some witnesses who would favor the insurance company.
These factors need to be taken into account before deciding what settlement value you want to negotiate towards.
