Legal Question in Personal Injury in Alabama
Determining disability compensation
I was injured in an auto accident by an insured motorist who ran a red light. I sustained neck injuries requiring months of treatment resulting in surgery. Prognosis is approx. 20% permanent disability. How do I estimate disability compensation? Is there a formula or schedule insurance companies use?
2 Answers from Attorneys
Re: Determining disability compensation
There are many factors to consider: First, proving liability; second, what are your total medical bills; third, if the doctor gives you a 20% permanent impairment, how does that affect your career, personal life, etc. One way to determine what your "disability" is with regard to the doctor's impairment rating is to have a vocational expert assess your situation. After you have all of that information, you can then try to formulate what would be adequate compensation. There is no "schedule" per se. I would be glad to discuss this with you further if you would like to give me a call - there is no charge for the initial consultation.
Re: Determining disability compensation
Sorry, there is no set determination. The insurance companies as well as the plaintiff's lawyers do a best guess analysis. The idea is to compare a settlement against a potential jury verdict. This means not only the likelihood of winning but other factors as well.
We look at things such as the county the lawsuit would be brought. Jurors vary in how much they give. Everyone looks at how much of the potential verdict might stand up on appeal. The Supreme Court can always reduce a verdict as can a trial judge. The skill of a particular lawyer can sometimes enter into the equation.
If you are trying to do this for yourself, all I can tell you is to maximize the amount of paper with cold hard numbers: itemized bills, pharmacy bills, mileage, lost wages on your employer's lettterhead, etc... Also, ask about the other driver's policy limits. That tells you how much the adjuster has to play with.
If you have any questions you can reach me through dennisharmon.com