Legal Question in Personal Injury in Massachusetts
Personal Injury Claim Formula
Christmas weekend 2000, I was hit by a car while in a crosswalk. The driver was making a right turn, never stopped and was given a citation. I was taken by ambulance to the hospital and fortunately was not injured seriously though badly bruised. I only took a few days off work. I tried therapy for an injured wrist on and off for about a year.
Besides this lingering injury it has been very difficult dealing with the driver's insurance company. They now want to discuss the personal injury claim. I want to know if there is some type of formula generally used that will help me determine the amount I can claim/negotiate.
6 Answers from Attorneys
Re: Personal Injury Claim Formula
There is no formula to determine the value of personal injury cases. A good rule of thumb is 3-5 times the amount of medical bills . However there are several factors that are important:
permanency, lost wages, pain and suffering etc. If you are permanently or partially disabled: A good rule of thumb is 200-400 per week for partial disability. For total disability 400-800 and for every week in a hospital 1000 in addition to payment of the medical bills. Please call me if you want to set up an initial consultation.
David Slepkow
401-437-1100
Re: Personal Injury Claim Formula
You don't say where the accident occured which is VERY important.
Re: Personal Injury Claim Formula
There is no formula. It depends on the extent of the injury and loss of function compared to previous lifestyle, e.g., a tennis player would get more.
You should have a lawyer (our office handles these types of cases) review your medicals and loss of function documentation and s/he can advise. You are foolish not to have your own lawyer, the insurance company has its.
Re: Personal Injury Claim Formula
I may be baised, but from the information you have given, which is insufficient, there is no way to give you a magic formula - It does not exist. You need to sit down with somebody and run through the injuries, and treatment. Also remember, there is a 3 year statute of limitation for pure personal injury actions.
Re: Personal Injury Claim Formula
There is no formula per se. The value of your claim is a factor of your injury, costs of medical, lost wages, permanency and disability. To try to arrive at a number solely by multiplying your medical bills by some factor would be malpractice, in my opinion, by an attorney.
Your mention that the insurer is difficult to deal with on a clear liability claim is troubling to me. You didn't tell me where you got hurt, or the extent of your injury, so I can not offer advice as to the value of your claim. You also need to know whether your health insurance has to be repaid, and if any of the coverages on your own auto insurance will pay you benefits.
Depending on the insurance company, be wary of stalling tactics! Remember that your life span is finite, theirs infinite. Delay is in their best interests, not yours. More importantly, be aware of the statutes of limitation- if your case is not filed within those statutes, you are forever barred from recovering.
In short, this is an area where you should be very careful in trying to resolve your claim against insurance professionals without an attorney. I would highly recommend you hire an attorney to protect you and your family.
Re: Personal Injury Claim Formula
There are no formulas. How much your injury is worth? The amount an experienced attorney can get from the insurance company which pays for the bills, and puts some money in your pocket. Remember, your question does not say in what state you were hurt. In Illinois you have only 2 years to file a claim and the insurance company would like to see you waste two years and then have to file a claim and go through litigation for another 2 years... If the insurance company is giving you hassle, you need to get an attorney and get what is due to you. The adjuster is NOT your friend.
Good luck
Nima Taradji