Legal Question in Personal Injury in Georgia
Compensatory Damages Calculation?
Was in auto accident, minor soft tissue injury, and anxiety as result of accident. I went to emergency room 2 times, and my doctor several times after for exams/x-rays/medications. When calculating compensatory damages for the medical costs, do I base this on actual hospital charges (for example $10k), the contracted rate between hospital and medical insurance (for example $3k), or my out-of-pocket insurance deductible and co-pays (for example $1k deductible and $100 for emergency room visits / ambulance, and $20 doctor co-pays, prescriptions, total cost of around $1600)? I know there are other things to include in compensatory, and to multiply all by 3x / 4x
1 Answer from Attorneys
Re: Compensatory Damages Calculation?
It sounds like you are trying to do this yourself which is a huge mistake. Insurers will offer you far less without counsel than with counsel. Even with counsel, it is actually rare to see pain and suffering 3-4 times the amount of damages and there is no magic formula. It's a case by case analysis. Get a lawyer and hope that you have not already compromised your case with what you have done thus far.
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