By Logan Quirk
The value of your Los Angeles Personal Injury case generally depends on a few factors.
1. Medical bills
2. Loss of Earnings
3. General Damages or “Pain and Suffering”
By adding these three factors together, you should arrive at a close approximation of what the value of your case may be.
In factoring medical bills, this includes the reasonable and necessary expenses of bills you incurred to treat for injuries related to your claim. The terms reasonable, necessary and related are fundamental in the personal injury context. The insurance company only considers medical expenses that are objectively related to the claim, necessary to treat the injuries and reasonable in scope and price.
Medical bills do not include just the amounts for injuries sustained, but also include future medical bills that are objectively necessary and related to the collision.
Loss of earnings is the realistic amount of earnings you would have received for the days you lost due to not being able to work. In California, you are also entitled to your loss of earning capacity. There are several ways to prove your loss of earnings and loss of earnings capacity.
As with your medical bills, you are entitled to claim loss of earnings in the future if you can prove you will not be able to work in the future or your earning capacity is diminished.
General Damages or what is inappropriately called “pain and suffering” is more difficult to quantify since there is no objective way to measure your harms and losses. Factors to keep in mind for your non-monetary damages for inconvenience, emotional distress, pain, suffering, lowered quality of life, grief, anxiety and humiliation. These losses are not just for the past but also include future harms you may suffer as well.
There are methods to demonstrate to the insurance company the extent and provide a numerical figure.
When adding up these amounts, you should arrive at a number that represents a fair amount to settle your case. However, there may be other factors in play that may affect your settlement, so do not be surprised when the insurance company does not give you what you feel is fair or just.
Do you have questions about why the insurance company is not paying the fair value for your claim, Contact Logan Quirk in Los Angeles, the Quirky Personal Injury Attorney knows best. We would be happy to answer all your questions. Your consultation is free and private.