The most critical thing you should know after you file a lawsuit for injury is to understand how to calculate the compensation. The pain and suffering that one undergoes after a personal injury has irreversible effects. Apart from the pain, loss of salary due to missed work, rehabilitation, stress, loss of private belongings, break in daily routine work should be taken into account. The compensation will be the sum of all these when you are calculating the compensation for injury.
The general formula for compensation is
Special Damages * General damages multiplier (1.5-5) = Total compensation
Special damages: This is simple to calculate and is the total of all the financial expenses that can be proved due to injury.Medical Bills
- Medication
- Stay in the hospital
- Lost wages
- Rehabilitation
- Lost property
- Fee paid out of pocket
General damages: This is hard to pinpoint and hence difficult to calculate the amount. These damages include:
- Physical pain
- Emotional stress
- Normal life disrupted
- Diminution of zest and consortium
- Negligence
Calculating general damages using multiplier: Calculation of these damages cannot be done using bills. Insurers and law of court convert these into a multiplier for their compensation formula. It can change from 1.5 to 5 based on the damages. The multiplier will be high for a person who has suffered a maximum extent and has endured a lot. It results in the victim getting higher compensation.
Each case is unique, and the insurers will ensure that you will not know the formula they are using to factor in your compensation. It is best if you employ a lawyer for your claim to calculate the payout.
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