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Different Types of Damages an Insurance Company Will Consider While Calculating Personal Injury Case Settlement

Personal injury cases are supposed to be legal disputes that may crop up when an individual suffers harm because of an injury or accident when somebody else might have been responsible legally for that harm. While filing a personal injury case, remember you are entitled to a compensation amount from the company or the person who was legally responsible for your plight or injuries. The legal term used for referring to this compensation is ‘damages’. The compensation amount is arrived at and agreed upon after a negotiation between the two concerned parties. Alternatively, the compensation amount would be determined and finalized by a jury or a judge post a civil trial. 


As per https://www.forbeslawoffice.com, we understand that demanding a claim for a personal injury case can be an expensive and stressful affair because of the uncertainty of getting the best possible accident settlement value. Even though we firmly believe that injured persons and victims involved in a serious mishap should necessarily be compensated fully for their pain, suffering, and injuries, the sad truth is that insurance companies and even defense lawyers often will be taking all possible measures for ensuring that you get a minimum possible settlement.

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Property damage, medical bills, physical therapy, emotional damages, potential wage loss, and even medical bills are the chief expenses or parameters to consider while the insurance company is calculating the settlement amount. It is quite intriguing to note how insurance companies calculate settlement in Indiana.

Types of Damages for Accurate Calculation of Settlement

Medical expenses

Injuries need prompt medical intervention. The treatment costs could be accumulating fast. Fortunately, as a victim, you are entitled to reimbursement of all the medical costs incurred by you for treating your injury or wounds and other clinical issues because of the accident. Moreover, your future expenses to treat the injury after the personal injury case is settled would be reimbursed. Some of the main medical expenses may include hospital stays, X-rays, emergency room visits; massage therapy, physical therapy, surgeries, chiropractor, prescriptions, etc. If your health insurance covers your medical bills post the accident, the health insurer will naturally expect that you will be reimbursing him from your settlement amount or the damage award you would be receiving eventually.

Medical expenses don’t stop upon hospitalization discharge. Patients need to undergo physical therapy after car accident to regain full recovery, especially after sustaining severe injuries. If you have a temporary or permanent disability due to the accident, medical expenses quickly pile up because of long-term therapies. Other expenses include mobility devices and fees to hire someone to assist you in your rehabilitation therapies and activities of daily living.

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Lost Income

You are very much entitled to claim compensation for lost income because of the injury. For instance, if you had to miss the work because you had injured your foot in the car accident that was caused by some other driver not you, then in such a case, you are entitled to get all the lost wages for 15 days, you were in the hospital and had to miss work. In the same manner, if you are suffering from a disability because of the accident, you are entitled to appropriate compensation for whatever the loss. Contact a proficient personal injury lawyer for getting the best settlement possible. Find a reputed law firm at this location:
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Physical Pain and Suffering

You are entitled to compensation for experiencing physical pain and even suffering because of the accident. However, physical pain is supposed to be a subjective issue. Hence, judges, insurance companies, and even juries calculate the accurate compensation by considering multiple factors including, the type of injury, length of recovery, type of prescribed medication, and even the permanence of your injury. 

Key Considerations When Seeking Compensation for Damages

When pursuing compensation for damages, whether from a personal injury claim or other legal actions, several crucial considerations can significantly impact the outcome of your case. Understanding these factors is essential for building a strong and effective strategy. 

Thoroughly document the incident, injuries, and damages. Collect relevant evidence, including photographs, witness statements, medical records, and any other pertinent documents. Be aware of the statute of limitations for your specific case, ensuring you file your claim within the legally specified timeframe. 

Seek prompt and appropriate medical attention for your injuries. Maintain detailed records of treatments, prescriptions, and related expenses. Consult a qualified attorney specializing in the relevant area of law. Choose one with experience handling cases similar to yours. 

Understand the insurance policies involved, both yours and the at-fault parties, including policy limits and their impact on potential compensation. Establish clear liability and fault for the incident. Address any potential contributory negligence on your part.  


Apart from the above damages, insurance companies in some states may have to include mental anguish or emotional distress as damage. However, it is quite difficult to quantify your emotional distress in terms of compensation money.

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by Sujain Thomas

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