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Complexity of Calculating Personal Injury Damages

Those who are injured in accidents are sometimes presented with settlement proposals from insurance companies. These settlement offers often include agreements to waive claims and other rights. Many times these insurance settlements offered are accepted, without realizing that the settlement amount does not cover the total damages.  Anyone who receives an insurance settlement offer should consult with a personal injury attorney to review you settlement is fair and balanced. If you are not satisfied by an insurance settlement offer, our personal injury attorneys can explain the different options that are available.

Insurance policies typically have policy limits, which set a maximum amount that may be paid when a claim is made. Insurance adjusters have little to no incentive to pay more than they are required, so they will often down play the claim and dispute some of the damages. In many cases, the injured person is entitled to different types of compensation for a variety of damages. Some insurance policies do not provide payment for certain types of damages. Insurance adjusters will also look for loopholes in the policy to avoid payment. All insurance companies owe a duty to act in good faith and to exercise fair dealing in making settlement arrangements. When insurance companies fail to adhere to their duties, then claims can be made against the insurance company directly.

In accident cases, such as car accidents and slips and falls, the person injured is may be entitled to recover compensation for a variety of reasons. Most cases include reimbursement for medical expenses and actual out-of-pocket losses. However, the damages in many cases go beyond this. Some other types of damages that may be claimed and recovered include, pain and suffering, lost wages, emotional distress, future medical expenses, rehabilitation, property damages, loss of opportunity. An experienced personal injury attorney can help you identify all of the damages sustained in your accident and will better inform you when of your insurance settlement options. This way you will be better able to determine whether an offer is fair and reasonable.

For the most part, calculating the amount of damages you sustained in accident is difficult and complex. Some damages, such as medical expenses or your out-of-pocket expenses are simple to determine, due to the availability of bills and invoices. Other damages, such as pain and suffering, do not have clear numerical value. Personal injury attorneys will be able to compare your situation to others to show you amounts you may expect for each type of damages claimed. By having much experience and similar cases to draw comparisons, you will also be better informed when dealing with insurance companies and considering settlement offers.

The Indiana Personal Injury Attorneys at Glaser & Ebbs are skilled at representing clients and their family members injured in personal injury accidents. It often takes legal action to receive fair compensation in these cases.  Contact Glaser & Ebbs to learn more about your legal rights and options.