When accidents happen, you need answers fast. We've created a Free Personal Injury Value Calculator for your convenience.
Please note, we are providing this and other calculators on our website for informational purposes only and should not be considered legal advice. Please call The Law Offices of G. Wayne Van Bibber & Associates for more information about your potential claim. . Financial Costs, Bills and Special Damages
Every case is different, however, insurance companies and courts must use a basic equation when determining the payout amount for a Personal Injury Claim. They collect an objective list of all expenses incurred from the injury, then add in the more subjective factors to arrive at the final compensation amount.
The first part of the equation isn't complicated. A sum total of every provable financial expense that was a direct result of construction accidents in Boston or injury at any other location is calculated. This includes, but is not limited to:
- Cost of Medical Equipment
- Cost of Medication
- Damaged or Lost Property
- Expenses Paid Out of Pocket
- Hospital Stay
- Lost Wages
- Medical Bills
This gives you a starting dollar amount. These items are the first part of the overall damages. Some courts refer to these quantifiable dollar amounts as Medical Special Damages, Economic Damages, or even just “Specials.” The result of this calculation is easy to prove.
Pain and Suffering – General Damages The other half of the equation is less definitive and more difficult to quantify because it is not necessarily easy to assign a dollar amount to emotional turmoil and pain and suffering. The term “General Damages” encompasses all subjective suffering that may result from your injury. These General Damages can include:
- Emotional Turmoil
- Disruption of Daily Lifestyle
- Loss of Enjoyment
- Loss of Consortium
- Physical Pain
- Recklessness or Gross Negligence (for injuries resulting from another party)
- and of course, Stress
General Damages Multiplier
General Damages cannot be calculated using bills to create a sum total, so insurance companies and courts turn these General Damages into a Multiplier for their compensation formula.This Multiplier can vary from 1.5 to 5 depending on the extent of the General Damages. The worse the General Damages, the higher the Multiplier number will be. This will result in a higher overall payout to the victim.
The Compensation Formula generally looks like this:
$Special Damages x General Damages Multiplier (1.5-5) = $Total Compensation Paid
If Katy suffered from an accident where the provable sum total of her expenses equaled $24,000, that means that her Special Damages number is $24,000.
If Katy suffered nightmares about the accident, plus the emotional distress over driving again, plus she missed out on a possible work opportunity, and her injuries prevented her from enjoying her relationship with her spouse and family, that may earn her a General Damages Multiplier of 2.5.
Katy's Compensation Formula would be:
Special Damages x General Damages Multiplier = Total Compensation Paid
$24,000 x 2.5 = $60,000
Every Case Is Different
It is important to understand every case is different – and less reputable insurance companies will not divulge they are using a formula to calculate your payout. It may work to your benefit to have this information, but NOT share it. In so doing, the other party will not know if you value your own multiplier the same as they would.
This calculator is for informational purposes only. Please call The Law Offices of G. Wayne Van Bibber & Associates for more information about your potential claim.
The attorneys at The Law Offices of G. Wayne Van Bibber & Associates have years of Family Law experience and can provide you with additional information in a confidential consultation.
You can trust the full-service, statewide personal injury law firm who so many have trusted over the years: Law Offices of G. Wayne Van Bibber & Associates, PLLC in Hurricane. Our outstanding lawyers serve clients in greater Charleston, Teays Valley and throughout West Virginia. If we can be of any assistance, please call our offices at (304) 757-3330 to speak with one of our attorneys. CALL THE LAW OFFICES OF G. WAYNE VAN BIBBER & ASSOCIATES Call today or visit our website for more information Sincerely, G. Wayne Van Bibber
The Law Offices of G. Wayne Van Bibber and Associates