An individual who is injured has the right to file a personal injury claim. Whether the damage involves a car accident, requires treatment by a physician or provokes emotional distress, the insurance company of the person who caused the injury could be responsible for financially compensating the victim.
Insurance settlement offers are made in accordance with the level of pain endured, meaning the payout is higher if the individual suffers a great deal. Insurance companies utilize a formula to determine how much pain the victim suffered in order to calculate a fair settlement offer.
The formula insurers use is not set in stone. Their method of coming to what they view as fair compensation relies heavily on certain factors that result from the sustained injury. No insurer will admit they are using a formula. Still, the formula sets the starting point for negotiations.
Check out the following factors that affect personal injury claims.
1. Minor vs. Severe Injuries
The first step insurance adjusters take to arrive at a settlement offer is to calculate the sum of medical expenses that were necessary to treat the injury. These medical special damages, when minor, are multiplied by one and a half to three times.
Severe medical special damages, such as those that are long-lasting or especially painful, are multiplied by five or more. Once an initial figure is decided upon, the adjuster factors in any wages that were lost due to the injury. This final number is the starting point for all settlement negotiations.
Important factors that influence how much the insurance company will offer include the extent of medical treatment necessary to relieve the pain, a long recovery period and clear medical evidence of damage. The more treatment, recovery time and evidence there is, the higher the insurance payout.
2. Mainstream vs. Alternative Medicine
The type of medical treatment the injured seeks weighs in heavily on the amount of compensation offered by an insurer. Most insurance companies disfavor alternative medicine, which includes such forms of treatment as chiropractic care, acupuncture and even physical therapy.
Insurers take seriously treatment received by medical doctors (MDs rather than non-MDs) and in hospitals or medical clinics. Once the injured person receives the medical bill, insurers take even the most exorbitant expenses seriously and attribute a higher numerical value in their formula.
Although treatment by non-MDs may come with a smaller price and yet be effective, insurance adjusters apply a smaller number when they calculate their formula. The application of a smaller multiplier means the claimant will receive a much lower initial settlement offer.
3. Treatment Duration
The length of time treatment takes is a significant factor in the personal injury claim settlement offer. A prolonged period of treatment suggests the injured endured more pain and suffering. Again, when the medical care is mainstream rather than alternative medicine, insurers are less suspicious.
4. Prescription Medicine
Prescribed medicines are given consideration when calculating insurance settlement offers. When a physician prescribes a drug for a lengthy duration or one that is especially strong, these details communicate to the adjuster that the injuries sustained are serious and will result in a higher settlement for the victim.
A lower settlement offer occurs when the medical treatment is brief and there is a lack of resulting emotional problems. Short recovery periods, no permanent injury and no medications prescribed to address the injury lead to the insurer factoring in a lower multiplier when calculating compensation.
5. Evidence of Injury
Medical records play a role in how much the insurance settlement will be. A doctor’s notes about continuing pain and the number of office visits will be included in the patient’s medical charts. The insurance company will be made privy to this information, which will affect the compensation.
The proof of injuries is in the hands of the victim. By relaying to the doctor symptoms of discomfort that result from the injury, evidence is established via the medical charts. Additional proof includes photographing bruises or discoloration and writing down when pain precludes one from activities.
While physical damage can be evident, general damages may be more difficult to assign a formulaic number. These less obvious damages include anxiety, stress and emotional distress that can result from the injury. Although less quantifiable, these damages are included when calculating insurance settlements.
6. Fault
Those injured may have played a part in their injuries. When victims of injury share blame for the incident, they are less likely to receive a higher settlement offer. Lower compensation will also be offered if witnesses are unavailable to support the victim or favor the case of the injured.
Comparative fault is recognized in Illinois courts. Essentially, when the injured is partially to blame for the incident (known as comparative fault), the individual’s compensation offer drops. If a victim is found to be 50 percent at fault for the injuries, the compensation drops by 50 percent.
In direct contrast, when the injured has no fault in the incident, insurers will assign higher numbers that raise the compensation amount. Plus, witnesses who support the injured and the victim’s calmness toward the claims process steers the insurance adjuster toward offering a higher compensation.
When filing personal injury claims in Illinois, victims have two years to take action in the civil court system. This statute of limitations starts from the date of the accident. In some instances, the discovery date, or when the injured learned about the injury, is accepted when filing a claim.
Work with a Personal Injury Attorney
Oak Lawn’s most prestigious law firm, Berry K. Tucker & Associates, Ltd., is prepared to help victims of injury receive the maximum compensation for their pain and suffering. Our personal injury attorneys are experienced in fighting for victim’s rights. Our legal experts work diligently with insurance companies to ensure quick and fair personal injury settlements.
The personal injury lawyers at Berry K. Tucker & Associates, Ltd. successfully represent clients who are victims of medical malpractice, dog bites, nursing home abuse and neglect and birth injuries, among a host of other types of injury.
Get A Free Consultation
No individual should have to suffer without seeking justice. If you are injured, receive the compensation you are entitled to with the help of the skilled personal injury lawyers from Berry K. Tucker & Associates, Ltd. We are committed to serving our clients in Oak Lawn, Illinois, and the surrounding communities.
Give us a call at (708) 425-9530 to receive a free consultation.
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