Personal injury claim cases either get settled in the court rooms or outside the court boundaries. The procedures for both the types are different. Those who want to avoid the pitter patter and hustle bustle of the legal procedures usually go for the out of the court settlements. The situation for the settlement arises when the claimant and the third party insurers get along on one amount of compensation. This compensation is to be paid by the insurers of the guilty party and to be received by the claimant so it is very important for both the parties to agree on this point in case they want to go for the settlement. There are certain factors that influence the calculation for a compensation amount.
Well, these factors can be different for the claimant and for the guilty party. It is the primal goal of the third party insurers to give as less amount as possible and the claimant under the guidance of his appointed lawyer wants quite higher than the estimated amount by the responsible ones. But this the skill and the expertise of a lawyer that makes the insurers negotiate on the deserving amount for the compensation claim. And in case of an out of the court settlement, the insurers usually have to agree what the claimant wants, if not totally than the amount is supposed to be quite near to the estimated one by the claimant.
This is the art of the Personal Injury lawyer that helps the claimant getting his desired amount for the compensation. Well there are different features that tend to have an impact on the calculation of the amount. These are
- The intensity of the physical injury or the mental trauma. The injuries can be minor and they can be severe. So, the compensation amount needs to be according to the severity of the injury and pain.
- The extent of the medical treatment. There are those injuries that get to heal soon and there are those as well that take a lot of time. The medical expense related to the period of healing as well. So, a thorough physical examination report is needed to base this calculation on this factor.
- Property damage usually in cases of road accident occurs in the damage to the vehicle. The third party insurers are also to pay for the compensation of that loss. The repairing of the property is to be borne by the guilty party.
- Last but not the least is the compensation for the lost wages and income. Due to the injury, the claimant might not be able to carry on his work and that results in lost wages. The guilty party is also to compensate for this.
These are the main factors that build up the calculation for the compensation amount. An expert personal injury lawyer should be consulted to get this estimation because there is always this fear of being paid low by the third party insurers.
The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.