Calculating car accident compensation on your own is a strategy that can help when trying to avoid the legal fees that come with filing a claim. Calculation of compensation, though complicated, can be achieved by studying and understanding the concepts behind it, usually with the help of a lawyer.
There is no general outlined guideline as how to determine car accidents settlements as they are reliant on different factors that have to be consider, such as injuries, who was hurt and to what extent, the medical bills and damages, cause of accident, future medical bills, and location and time of the accident, which is why the calculation process is complicated.
1. Damage Assessment
Damage assessment includes various factors such as the physical harm caused by the other party involved in the accident, mental and emotional distress, loss of income as a result of being unable to work from injury, disability, and deaths caused. The damage calculated has a direct impact to the amount of compensation that you can receive. Damage assessment can be complicated and this is the reason why experts such as
car accident attorneys in San Diego work through the complexities of compensation calculations. Left to your discretion, you may settle for a pay out that hardly meets the level of damage that was caused by the accident.
2. Medical Dynamics
The degree to which you are attended to medically influences the amount of compensation that you are entitled to. With the guidance of a legal team, immediate pay-outs can be facilitated to cover for medical treatment such as surgery and physiotherapy. In addition, factors such as pain and suffering that can't be tangibly measured are included when assessing the amount of compensation that is required.
Car accident attorneys are experienced in equating pain and suffering to compensation value. This is calculated by using the multiplier method. This method entails the calculation of the cost of pain and suffering and using a multiplier to get the total cost of exceptional damages. The multiplier method works to verify the accident’s true cost of compensation.
The findings in damage assessment will cause the multiplier to either increase or decrease depending on the severity of the damages, recovery time, and any other outstanding circumstances that may be flagged by attorneys.
Attorneys can further calculate pain and suffering based on the per diem method. The per diem method entails the calculating of pain and suffering by attorneys on a daily rate. This means lawyers will draw up a daily rate of compensation based on the daily or weekly income that has been compromised. This method relies on years' worth of legal experience dealing with such accident cases.
3. Accident Site Evidence
The evidence that is presented influences the amount of compensation you can receive. For example, photographs of the
accident scene and witness assessments will be assessed. This evidence has to go towards proving negligence and liability, which is why it is important to consult legal experts on the kind of evidence that you should take down when involved in an accident scene that can produce the best possible outcome of compensation.
4. Case Comparison
You can research a similar
accident to yours and find out how much the victim was compensated for. Such information can be found out from a car accident attorney’s legal website under testimonials or case studies. This method, however, is more ideal when used as an indication to how efficient the attorney is at their work. Basing your compensation estimate on past cases might not yield you a positive compensation claim because each accident case is unique regardless of its similarities to another accident. Once you discover a similar accident to yours, contact the attorney who won a large amount of compensation for the victim and present your case for evaluation to avoid having your claim dismissed or under-paid as a result of lack of legal guidance.
Conclusion
Calculating car accident compensation amounts is complicated and heavily depends on the unique accident. Calculations are derived from damage assessment, medical dynamics, car accident evidence and information, and, to some extent, case comparisons. The intricacies of the calculations require legal experts who can fight for you to get the best possible scenario for your accident compensation claim. Left on your own, you may leave out crucial information, evidence, and documents required for a large-sum pay-out. Solely depending on a case comparison may also result in an unfortunate claim result, because each case is unique and is determined by varied factors that are unknown to the public. Seeking legal expertise to calculate car accident compensation will increase your chances to getting the amount you deserve.
