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The most common method used to calculate what a personal injury settlement should be worth is to add up the special damages and then add one to five times that amount for your pain and suffering, depending on the severity.
A car accident case typically goes to court when representatives for the plaintiff and the liable party cannot agree to a fair settlement.
In general, car accident claims can take anywhere from three months to three years to settle with the negligent driver's insurance. Coverage, liability, damages, and the willingness of the other party's insurance to negotiate can impact how long it takes to resolve your accident claim.
Statistically, only three to five percent of car accident cases go to trial. Instead, most lawsuits are settled before a trial becomes necessary.
A standard formula for calculating an injury settlement includes multiplying the amount of your pain and suffering by your medical expenses and lost income. For calculating pain and suffering, a typical multiplier ranges between 1.5 and 5 and includes emotional distress and inconvenience.
Multiplier Method Typically ranging from 1.5 to 5, higher variables are assigned to more severe cases. For instance, if you incurred $100,000 in economic damages and a 1.5 variable is applied, your pain and suffering damages would amount to $150,000. Using a variable of four, your claim would reach $400,000.
(Approximately: $5,000 – $15,000): This category typically involves minor injuries or emotional distress with relatively low impact on your daily life. Examples might include minor sprains, bruises, or short-term anxiety.
Many car accidents that go to court result in settlements worth thousands of dollars, which may come from the other driver's insurance company or finances. The judge will formalize this verdict into a legal judgment to conclude the trial.