Dear Mrs. Woessner,
Unfortunately, there is no magic formula for calculating damages in a personal injury claim. Insurance companies have tried to use computer programs which analyze medical expenses, lost wages, the need for future medical treatment, and numerous other factors to try to determine what is a reasonable value for your injuries. However, the bottom line is that each case is unique, and your diagnosis of two bulging discs might be very different than someone else who suffered the same injury.
The classic example would be the professional athlete who can no longer compete because of an injury. That person would have a much larger claim than you or I, assuming we could continue to work at our chosen professions.
In valuing any injury case, we also have to look a person's prior medical history, and the projected cost of future treatment. For example, if your doctors say you may need to have a surgery at some point to repair your herniated disks, you must factor in the cost of that surgery, your time off work, and the pain and suffering you will have to endure before considering what to accept as a settlement from the insurance company.
A skilled personal injury attorney will help you maximize your settlement with the wrongdoer's insurance company. If the case cannot be settled, then you always have the option to try your case to a jury of your peers and let them decide what is a reasonable value for your injuries. A good personal injury attorney can show you what jurors have awarded in similar cases in your state or county, which can help you determine what your case might be worth if it were to go to trial.
I hope this has been helpful to you. If I can answer any specific questions you might have, please feel free to contact me for a free consultation.
Very truly yours,
Chip Clark
Answered on Aug 12th, 2013 at 3:29 PM