How a California accident lawyer can help
(Sacramento, California) – December 2nd, 2015 – When a car accident victim files an
injury claim after the accident, it is not easy to determine just how much his
or her injuries are really worth. For the most part, insurance companies resort
to diverse methods to determine the value of personal injury claims, which
usually consists of reimbursement for lost wages and medical bills, along with
a subjective factor known as "pain and suffering."
Sacramento, CA accident lawyers say there
are two common methods to calculate the actual value of a car accident claim:
The per diem method and multiplier method. No one says you need to be expert on
this. You have enough things on your mind but the system does not really care
about you at this point in time. How do you make them care? You press this button and you find that legal assistance
that will make them care!
The
multiplier method
This method is frequently used to assess
damages due to pain and suffering. This involves multiplying the real damages
such as lost wages and medical bills by a specific number. Sacramento accident lawyers
are familiar with the practice that says the real damages are multiplied 3
times to arrive at a fair value. Thus, if your actual medical expenses are
$6,000.00 and lost wages $2,000.00, the fair value is $24,000.00.
In recent years, things have changed to
an extent, with insurance companies refusing to concede automatically to 3x
amount. Instead, the latest method is to multiply the actual damages by a
number that is determined via certain complicated software programs, which
often results in a claim being undervalued. This multiplier usually takes into
account the seriousness of injuries, aggravating circumstances, if any, and the
time taken to recover from the injuries. This means that for serious injuries
your suffering is much worse than that of a minor one.
Thus the more severe the accident, the
multiplier may be three or even four, but in a mere fender bender, it may be a
mere 1 or 2. The multiplier can be even higher for aggravating circumstances,
such as if the offending driver was intoxicated. In the same way, if your
actions or inactions were partly to blame, a much lower multiplier will be used
to assess the cost of your pain and suffering.
This means that you should not continue
treatment for minor injuries as it won’t add to the value of your case and
over-treatment can backfire, ending in medical bills unpaid and insufficient
compensation.
The
per diem method
As per Sacramento, California accident
attorneys, some insurance companies resort to a daily rate to compute the pain
and suffering side of injury claims, at a "per diem" or daily rate
calculation, and a sum of money is allocated for every day or week that you
suffer due to injury in a car accident.
It is prudent to apply a combination of
both methods so that you can obtain a reasonable value for your injury claim.
When you arrive at a multiplier that you feel comfortable with, use it as a
base when negotiating the final settlement. This requires the drafting of a
demand letter which is best left to a judicious California accident lawyer. This
is the first step in the negotiation process that requires the expertise of a
legal professional who will set you on the right path for a favorable
settlement.
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