An experienced insurance adjuster knows what to look for, when trying to determine the value of a claimant’s case. Still, because there are so many different kinds of accidents, the same adjuster might overlook a factor that influences the value of a cases with special circumstances.
Typical factors that play a part in determining the value of a given settlement
The personal injury lawyer in Calgary knows that there are various types of injuries suffered by a victim. Victims with a hard injury, such as a broken bone, tend to increase the settlement’s value more than those with a soft injury, such a damage to connective tissue in the knee.
• Medical expenses: What is the sum total from all the medical bills?
• Medical treatment: The adjuster looks at both the number of meds taken by the victim and the length of the victim’s recovery.
• Permanent problems created by the accident-related injury: scars, weakness and mobility issues.
• Disruptions to the victim’s life: The need to get around in a wheel chair; the need to be fed by others at each meal.
Other factors that might arise from the circumstances that surrounded the accident:
Did the injury create a situation that caused the victim to experience humiliation or embarrassment? For instance, did the treatment for the victim’s brain injury involve the performance of neurosurgery? If so, was the patient embarrassed by the need to wear a wig, after having all hair removed, in preparation for the operation?
Did the accident cause the victim to develop a sense of shock and anguish?
Had the victim suffered a loss in reputation? Maybe the display of some talent had been stopped by an injury that stemmed from the accident. Maybe a model had been scarred.
Loss of consortium: That means loss of someone that was providing some member(s) of a family with a source of income.
Loss of companionship: That describes the nature of a loss that results when a family member dies, denying relatives the chance to enjoy the love and companionship of that decedent.
Emotional distress: That could be caused by the trauma of having to recover from serious wounds. It could also be caused by needing to meet the challenges that arise, once the victim appears to be recovered. For example, an unexpected complication might add to the stress in the victim’s life.
For instance, suppose that the treatment for the injury had involved installation of a certain type of medical device. Then suppose that device became infected. That would introduce the need for another operation, in order to replace the infected device. Depending on what the seemingly recovered victim was doing, that last-minute operation might disrupt some activity, perhaps the chance to take advantage of a special educational opportunity.