After an Auto Accident injured parties want to understand the potential value of their case or potential settlement related to the auto accident. Typical questions clients ask after an auto accident are:
All personal injury claims are different with varying facts for each case. As a practical matter there are potentially limitations on the amount of pain and suffering and the overall monetary damages you will receive for your personal injury claim.
There are several component parts that determines the value for your claim including:
• What are the nature of your injuries?
• What body part(s) was/were injured? Are the injuries permanent?
• Did the injuries require surgery?
• Was the surgery successful?
• What about a future surgery?
Thus, the more extensive and serious the injury the more money for pain and suffering. Tied to your injuries are your actual medical bills and the findings reported in any diagnostic test performed.
Generally, the amount of your medical bills are indicative of the seriousness of your injuries. But don’t be tempted to simply undergo more medical treatment unnecessarily to increase your medical bills. This tactic will not necessarily result in a larger settlement award if the insurance company does not think that the medical treatment is reasonable or related. In fact, excessive medical treatment can back fire and actually harm your claim.
Another point of consideration is tied to the amount of insurance coverage available for your claim. If your medical bills exceed the available insurance policy limits and the responsible party does not have any other money to pay your claim, then your "pain and suffering" will be constrained by the limits of the insurance available. Remember that every case presents unique circumstances that may impact your personal injury claim.
Questions the insurance companies will ask in order to determine a value to your Personal Injury claim.
1. The insurance company is going to want to know what type of injury do you have and what are the nature of your injuries?
2. What body parts have been injured in that accident that you were involved in?
3. So they're asking questions and they're looking for answers to do you have a broken bone or are the injuries soft tissue related?
4. Do you have a more catastrophic injury that caused brain damage such as a closed head injury or some other serious injury?
5. Did the accident lead to any type of paralysis that would render you unable to walk or to care for yourself for the rest of your life?
6. Those are the types of questions that at an insurance company is going to be asking --- how permanent are your injuries or are your injuries something that physical therapy will get you over the hump in say six to eight months?
7. Will you be back to almost new again with no long term effects from the injury?
8. Or are your injuries permanent in nature such that you are never really going to get back to your old self?
9. They also want to know whether your injuries are going to lead to any type of surgical procedures and what was the outcome or outcomes of that surgical procedure?
10. Did the surgery restore you back to almost new condition again or are you still left to contend with some residual effects from that surgical procedure?
11. Are there any scarring involved that will be permanent that could potentially affect you for the rest of your life?
Those are some of factors that the insurance companies are going to be looking at in terms of determining what type of value to be placed on your injuries.