How to Calculate Your Personal Injury Claim

From car accidents and slip and falls to medical malpractice, workplace accidents, and many more, personal injury cases are some of the common types of lawsuits filed in Pennsylvania courts. If you're the victim of an accident that wasn't your fault, Pennsylvania law states that you have the right to fair compensation to cover any damages you suffer. If you're the victim of a recent accident, you may be wondering how to calculate your personal injury claim.

While the law is quite clear as to what constitutes a personal injury and what types of damages compensation may include, figuring out how much a personal injury claim is worth can be challenging. At the end of the day, the compensation you receive will largely depend on a number of different factors, and wrapping your head around all of them can be nearly impossible for someone without the proper credentials.

This doesn’t mean that there isn’t any way to get a solid estimate of what your claims may be worth. What qualifies as a personal injury, what does personal injury compensation generally consist of, and how can you calculate the compensation you might get?

What Qualifies As a Personal Injury?

Before you can start making calculations, it's essential that you understand whether your accident even qualifies as a personal injury. If it doesn’t, there’s nothing to calculate at all. What types of accidents qualify as a personal injury?

The term ‘personal injury’ can encompass a variety of incidents, from car accidents, work accidents, slips and falls, general negligence, injuries from defective products, medical malpractice, wrongful deaths, and more. While personal injuries come in many different shapes and sizes, there is one thing they all have in common.

Every personal injury case needs to be able to prove that the accident you were the victim of was due to no fault of your own and caused by a 3rd party who was acting negligently.

A common example of this is a car accident. If you are driving recklessly, crash your car into a telephone pole, and sustain injuries, this does not count as a personal injury because the accident was your fault. If you are driving normally and a reckless or under the influence driver suddenly hits you, this does count as a personal injury because someone else was the cause of the accident.

It's all about who is at fault, and if you are the victim of an accident caused by someone else, you almost certainly have a legitimate personal injury case on your hands.

What is Personal Injury Compensation?

Personal injury compensation consists of compensation for any economic and non-economic damages suffered from the accident. Understanding exactly what this means is essential to your ability to accurately calculate the value of your personal injury claim.

Economic damages are pretty straightforward. These types of damages consist of any financial losses that come from the accident, including medical bills, property damage, and both past and future lost wages from any work that you may miss while you recover.

Non-economic damages are more difficult to put a monetary value behind. These damages include compensation for any physical pain or emotional and psychological trauma that comes from the accident.

While these are the two main types of damages that you may get compensation for, there is a third type that you should also be aware of. These are called punitive damages, and these types of damages work a bit differently because they don’t have much to do with your own suffering of financial losses. Instead, payments for these types of damages are meant to punish the 3rd party for their negligence and discourage others from acting in a similar manner in the future.

How to Calculate Your Personal Injury Claim

As you now know, there is a lot to consider when trying to calculate your personal injury claim and, while there is no way to know for certain without seeing your particular case through to the end, you can get a pretty solid estimate of how much compensation you may get.

All you have to do is add the three types of damages together, and you’ll have an idea of the amount of compensation you may be able to receive. The only problem is that, while economic damages may be easy enough to calculate on your own, the other two can vary drastically depending on how cooperative the insurance company is, the evidence you have to present, and the legal support you have behind you.

The only way to get a real estimate of what your personal injury case is worth is by talking with a certified personal injury lawyer, as they will know from experience what someone in your position is likely to get. If you are the victim of a recent accident and want to ensure that you get an accurate estimate of what your case is worth, the best thing you can do is call HoeyLegal.

A statue of Lady Justice in a personal injury law office

Contact HoeyLegal Today

Are you dealing with a recent personal injury? Are you looking for a Chester County personal injury attorney that you can trust to get you the compensation you deserve? Give HoeyLegal a call.

At HoeyLegal, our team specializes in helping our clients recover all the damages that they incurred during their accidents. With countless successful settlements and tens of millions of dollars won for our clients, HoeyLegal can be trusted to get you the maximum settlement every time.

We know how traumatic dealing with a personal injury can be, but our team will work tirelessly to ensure that you get every penny possible. We’ll even offer you a free consultation. Don’t let yourself suffer through your personal injury alone. Contact HoeyLegal and take the first step toward your ideal settlement today!

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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