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How Are Personal Injury Damages Calculated?

8/15/2017

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If you have been injured in an accident caused by another’s negligence, that individual and their insurance company is likely liable for your damages. You may be entitled to compensation for your medical care, lost wages, pain and physical suffering, disability and disfigurement. You may also have a claim for loss of family, social or educational experiences and emotional damages.

To arrive at a figure for damages, an insurance company will determine the medical expenses related to your injury as a starting point for compensation. After tallying-up your medical costs, they will then look at the overall picture related to your injury.

The adjuster will take into account factors such as the degree of pain and how long-lasting or invasive the injury is or will likely be. They will examine medical records for supporting evidence of the extent of the injuries and the anticipated recovery period. The more serious the injury, and whether the result is permanent or created visible effects, will also be considered.

After calculating your medical expenses (referred to as specials) and accessing the general damages of pain and suffering, permanent, partial or temporary disability and emotional effects, the adjuster will determine a range of compensation. The settlement amount will likely be anywhere within this range – a low and a high end – with any lost wages added to the top.

If you have been injured in an accident, you deserve to be fully compensated for your medical expenses, pain and suffering and lost wages. However, because there is built in flexibility in the insurer’s calculation, some insurance companies may offer you an unsatisfactory or hasty settlement in the interest of saving money.

Calculating Personal Injury Damages – Experience Matters

It is important to work with an experienced Iowa personal injury attorney to make sure that you or your loved one is being treated fairly. If you or a family member has been injured, contact the Des Moines personal injury Law Offices of John T. Hemminger at 515-283-2116 for help today. We have been working on behalf of injured Iowans for decades to make sure they get the maximum compensation they deserve.
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    > Negligence in the Nursing Home
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    > Nursing Home Injuries Overview
    > Nursing Home Injuries Resources
    > Proving Damages in Nursing Home Abuse
    > Protection of Nursing Home Residents
    > Nursing Home Resident Rights
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