Posted on Monday, February 4th, 2019 at 6:19 pm
A common myth associated with accident cases in California is the existence of a personal injury settlement calculator. The calculator is used to determine the value of your claim. Some websites offer “free settlement calculators” for accident victims who want to know the value of the case. The myth may be common because many people believe there is a formula for calculating damages in a personal injury case. However, there is not a set formula for calculating the value of a claim.
Using a Personal Injury Settlement Calculator
Some websites try to lure you into hiring a firm by offering you use of their free calculator. You insert the total of your medical bills, lost wages, and other financial losses to calculate the value of your claim. Some websites go even further and tell you that by multiplying your financial losses by a certain number, you can calculate the value of your pain and suffering damages. However, these so-called “calculators” do not consider all factors used in valuing a personal injury claim.
There is not a magic number or formula prescribed by law that attorneys, insurance companies, or the courts use to calculate the value of a personal injury claim. In other words, there is no such thing as a personal injury settlement calculator.
Factors Used to Calculate the Value of a Personal Injury Claim?
Each case is unique. Therefore, the factors used to calculate the value of your claim may be slightly different from the factors used in another case. However, some of the common factors that impact the value of a personal injury claim include:
- The type and severity of your injuries;
- The total financial losses associated with the accident, your injuries, and your recovery;
- The location of your accident;
- The available insurance coverage;
- The length of your recovery; and,
- Whether or not you suffered permanent impairment or disabilities.
Liability is an Important Factor
To recover compensation for a personal injury claim, you must prove that the other party was responsible for causing the accident that resulted in your injury. However, if you are partially responsible, you may not receive full compensation for your injuries.
California uses a pure comparative negligence standard for personal injury claims. If you have any fault for causing the accident that resulted in your injuries, your compensation is reduced by the percentage of fault assigned to you for the accident.
For example, if you were speeding at the time of a crash and the jury finds you were 30 percent at fault for causing the accident, your compensation is reduced by 30 percent. If your total damages equal $100,000, the most you can receive for your claim is $70,000.
Contact a Sacramento Personal Injury Attorney for a Free Case Review
Calculating the value of a personal injury claim is a complex process. Don’t fall for a firm or website that offers a personal injury settlement calculator. Our legal team works closely with you throughout your case to ensure that we account for each expense and damage that we can include in the value of your claim. We use a variety of strategies to maximize the compensation you may receive for your claim.
Call The Tiemann Law Firm at (916) 999-9000 to schedule your free legal consultation.