One of the first questions most people ask after filing a personal injury claim is: “How much will the insurance company offer me?” The answer depends on a range of factors insurers use to evaluate the value of your claim. Understanding how this process works is essential.
1. Liability Assessment
Before offering any settlement, the insurance company investigates who was at fault. This includes reviewing evidence, witness statements, and police reports. If you’re found partially responsible, your compensation may be reduced based on your state’s comparative negligence laws.
2. Medical Expenses
Your medical costs play a central role in determining your settlement. These may include:
- Doctor and hospital bills
- Prescription medications
- Physical therapy or rehabilitation
- Future medical care, if ongoing treatment is needed
3. Lost Wages and Earning Capacity
If your injury kept you from working, the insurance company will consider your lost income. If your ability to work in the future is affected, they may also calculate your reduced earning potential.
4. Pain and Suffering
Compensation for pain and suffering covers physical discomfort, emotional distress, and reduced quality of life. Insurers typically use one of two methods:
- Multiplier Method: Your medical bills are multiplied by a number (usually 1.5 to 5), depending on the severity of your injury.
- Per Diem Method: A daily rate is assigned to your suffering and multiplied by the number of days you're affected.
5. Insurance Policy Limits
Every insurance policy has a maximum payout. Even if your damages exceed this limit, the insurer is only obligated to pay up to the coverage cap.
6. Comparative Negligence
If you share some of the blame for the accident, your settlement will be reduced proportionally. For instance, if you're found 20% at fault, your compensation may be reduced by 20%.
7. Case Precedents
Insurance adjusters also look at how similar claims have been settled in the past. These precedents help guide what they consider a fair offer for your case.
8. Negotiation and Legal Representation
Initial settlement offers are often low. Insurance companies aim to settle quickly and for as little as possible. Understanding their tactics—and having a skilled personal injury attorney on your side—can make a significant difference. Legal representation not only strengthens your claim but also ensures you’re not taken advantage of during negotiations.
RisCassi & Davis is Ready to Help
If you or a loved one is ever injured in an accident of any kind, know that the Connecticut personal injury lawyers at RisCassi & Davis have assisted people injured in accidents for over 70 years. We have also received meaningful state and national recognition for our work in this area of the law. If you are ever in a car accident of any kind and would like a free consultation with one of our Connecticut car accident lawyers, please contact us. There is no obligation.