QUESTION
How are damages will be calculated?
Asked on Jan 06th, 2013 on Automobile Accidents - Washington
More details to this question:
My family and I were in an auto accident day after Christmas. My wife, my 4 children (ages 6, 5, 3 & 2), my 14 year old niece and I were severely rear ended and my van was totaled. My wife, my niece, my daughter and I were all transported to the ER via ambulance. I had whiplash, severe headache and I hit my jaw. My daughter and my wife had neck and back pain and my niece went to the ER due to severe headache. We were all treated and released and have been sore since. My daughter seems to be ok now as well as my niece. I may still seek trwatment for my jaw as it has hurt and felt misaligned since the accident and my wife is still having lots of lower back pain which she is still treating.
13 ANSWERS
James Eugene Hasser
Your question cannot be answered without a ton more information on how the accident happened, whose fault it was, the exact nature and extent of injuries and damages, etc. I will say, though, that there is no set formula for injury damages under the law other than they have to be reasonably related the nature and extent of the injuries. It sounds like all of you had relatively minor injuries and you may not need a lawyer. Free info is available on the internet and in libraries on accident law. Take advantage of it. Otherwise, run it by a lawyer familiar with accident law. Good luck.
Answered on Apr 15th, 2013 at 8:59 PM
Thomas Edward Gates
Retain an attorney to help you. Do not agree to or sign anything until you have done so.
Answered on Apr 15th, 2013 at 8:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you don't have serious injuries. Damages are based on collision damage, force of impact, property damage, nature and extent of injuries, number of doctor visits, amount of dr bills, what the doctor says wage loss.
Answered on Apr 12th, 2013 at 4:08 PM
Every case is different, and your damages will depend on prior injuries (before the accident), treatments received, surgeries, lingering disabilities, pain, suffering, lost work, etc. Generally, you should seek 2-3 times the value of the medical bills plus lost wages.
Answered on Apr 12th, 2013 at 4:07 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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There are a multitude of factors to consider, not the least of which is the severity of the impact, injuries suffered and amount of medical bills incurred. Also, if there are residual symptoms then really not ready to settle until you and your family either reach pre accident status or your doctor's tell you that your injuries are as good as they are going to get. Therefore, hard for anyone to give you evaluation of value of cases, however, given what you have indicated sounds like all worth pursuing and you have two years post accident to file suit, which is a necessity if you get to that point.
Answered on Apr 12th, 2013 at 4:06 PM
Not to be glib, but damages are calculated very differently depending on whether you are the injured party or the insurance company. If you don't have a good attorney, the insurance company will railroad you into accepting a settlement that is worth far less then you deserve. It happens almost without fail, every single time (I used to defend insurance companies). Hire a good attorney and let them worry about this for you - you and your family can focus on getting well.
Answered on Apr 12th, 2013 at 4:05 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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There are no formulas, tables or other way of specifically calculating personal injury damages in Michigan. The value of any case is what is agreed to as between the parties, if the case can be settled. If not settled, then the value is whatever the Jury says it is, if any. Insurance companies sometimes use a rough calculation of a factor times the quantifiable economic costs of the injury (ie: a number times the medical bills + any wage loss + any out-of-pocket expenses). In Michigan, in a motor vehicle crash, an injured person must show they suffered a serious impairment of a body function in order to be eligible for a recovery. The usual proofs of same are objective medical testing and testimony/reports of a licensed physician and a showing of an effect on the injured persons ability to lead their normal pre-crash life. Usually so-called whiplash cases are not deemed to be serious impairments; however, each case is different and depends heavily on the medical input from treating doctors. As I usually recommend, it is best to see local lawyers who regularly handle the type of case you have for consultation and advice.
Answered on Apr 12th, 2013 at 4:04 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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There are no formulas. It really depends on a lot of factors. Your family needs an attorney. If any are minors, this can get complicated fast. You will be doing a disservice to the minors if you do not get them an attorney.
Answered on Apr 12th, 2013 at 4:04 PM
Ronald A. Steinberg
Your lawyer will tell you. the law is different in each state.
Answered on Apr 12th, 2013 at 4:03 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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I think you need to hire a personal injury attorney in your area. All of the members of your family would be entitled to compensation for medical bills, lost wages, if any and an amount for pain and suffering.
Answered on Apr 12th, 2013 at 4:02 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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This sounds like a very complicated matter. If any of you are still having problems related to the accident, you should not be considering settlement at this time. Once you settle, you will not have any rights to recover for future medical treatment that may be required or for pain and suffering.
Answered on Apr 12th, 2013 at 4:01 PM
Monica Cecilia Castillo-Barraza
There are too many variables for each of you. But, generally, damages are based on the amount of the medical bills paid by you or on your behalf (for example by an insurance company) for related treatment, related wage or income loss, possible future medical and income loss, and your general damages (commonly known as "pain and suffering").
Answered on Apr 12th, 2013 at 3:59 PM
In a claim like this with multiple injuries to different people you should hire an attorney. Depending on the amount of coverage there may be a conflict of interest that your attorney will explain to you and may advise a different attorney handle the some of other people's claims. Your damages are based upon your loss of income, the pain and suffering you experienced following the accident, your medical bills and any long term effects of the injuries. Attorneys are experienced in computing damages but there are a lot of variables, there is no set formula.
Answered on Apr 12th, 2013 at 3:57 PM