One of the first questions our clients typically ask is about how much their car accident claims are worth. This is natural, as you are likely wondering if you will receive enough compensation to cover your medical expenses, lost income, monthly bills, and more. Therefore, it may be beneficial for you to know and understand how damages are calculated and how the value of your claim is determined.

How to determine your economic damages award

Some people are under the impression that when they are involved in a car accident, their attorneys have the ability to request any compensation amount for their case. However, compensation must be based upon certain legal principles. Your attorney will look over your losses, such as your lost income, medical bills, pain and suffering, and out of pocket expenses.

Your car accident attorney will need to show proof of your losses, which is why they may ask that you gather your medical records, medical bills, recent pay stubs, receipts, documentation, and anything else that can help them prove that you have current and future losses from your car accident.

All of these losses will be calculated to determine the compensation amount you may receive. In cases where your injuries are severe enough that you will be unable to work, or where you will require additional medical treatments, your attorney may work with outside medical financial professionals to come up with an exact award for future losses.

How is my pain and suffering calculated?

Since pain and suffering is a non-economic type of compensation, it is a little more difficult to calculate than your medical bills, lost wages, and out of pocket expenses. Generally, you can claim compensation for physical pain and emotional/psychological pain, including depression, anxiety, stress, embarrassment, and humiliation.

Tennessee has no set formula for how pain and suffering should be calculated. A jury will only be instructed to award damages in an amount that will “fairly and adequately compensate the plaintiff.”  There is no mathematical equation involved, and as a result awards for pain and suffering can vary greatly depending on the jurisdiction.

Even though you and your car accident lawyer can work tirelessly together to show the jury how much compensation you think you deserve for pain and suffering, the jury will make the final decision about how much you will receive for this type of loss. Keep in mind that every person’s case is unique and different, meaning that what you receive for your pain and suffering may not be what another person who experiences a similar accident receives. Your family members, friends, neighbors, caregivers, and other loved ones may be able to give a testimony about your pain and suffering since the accident, which may increase your chances of receiving more compensation.

It is important to note in Tennessee, all 12 jurors must unanimously agree upon the award for all compensatory damages

Can insurance companies affect the value of my car accident claim?

It is important to understand that lawyers and insurance companies determine the value of your car accident claim in different ways. For instance, a lawyer will take the time to learn how your accident and injuries have impacted your daily activities and life in general and use that as a way to determine the value of your claim. However, an insurance company may use a specific method or algorithm to calculate how much your claim is worth that takes into account factors that would never be introduced at trial. This means that your lawyer and insurance company will likely dispute the appropriate compensation amounts.

It is important to know that insurance companies typically give car accident claims a lower value than attorneys. The reason for this is because insurance agents are trained to save their companies as much money as possible. Therefore, it is not uncommon for victims of car accidents to receive low-ball offers from insurance companies.

This is why you need a personal injury attorney by your side, standing up and ensuring that you receive a fair compensation amount for your injuries and losses. Once you receive a settlement offer from an insurance company, you should allow your attorney to review it right away. They will look over the offer and decide if it is appropriate for everything you have endured since the accident. If it isn’t appropriate, your attorney will begin negotiating with the insurance company to come to an agreement, which can delay your settlement.

How do I find out how much my Sevierville car accident claim is worth?

If you are ready to find out how much your car accident claim is worth, you should consult with a Sevierville car accident lawyer as soon as possible. Even if your injuries are minor, hiring a lawyer to protect your rights can make a huge difference. Our attorneys have secured substantially more in compensation for our clients than they were originally offered. To set yourself up for the best possible outcome, we recommend you:

• Seek medical treatment as soon as possible, and attend all follow-up appointments. Go to any referred specialists, physical therapists, or surgeons that your doctor recommends. This will help you become aware of how serious your injuries are, the expected outcome of your condition, and how long your recovery may take. This creates a more detailed and accurate record of the extent of your injuries, which will be important when calculating an award.
• Refrain from communicating with insurance companies. If you must communicate with insurance companies, be very careful and cautious about what you say. It is recommended that you wait and let your attorney handle talking to insurance companies.
• Collect and safely store any documentation, medical records, police reports, receipts, and more. Save copies of your pay stubs. Remember that your expenses are more than just what is billed to you by doctors, specialists, and hospitals. The money you spent traveling to and from appointments, on medications, on household services you can no longer provide for yourself, and on other related expenses can all be part of your compensation award.

After you have successfully completed these steps, it is time for you to find a lawyer who can represent you and fight for your right to the compensation you are owed. Our Sevierville injury lawyers have decades of experience negotiating with insurance companies and representing clients in trials. We have a network of outside experts we trust to help us create a comprehensive picture of your total losses and expected losses.

If you suffer injuries from a crash, the Sevierville car accident attorneys at Delius & McKenzie, PLLC are here to help you. Our team has several years of experience assisting visitors and residents in Gatlinburg, Seymour, Sevierville, and Pigeon Forge, and we are more than happy to provide you with the same helpful services. All you have to do is call our office or fill out our contact form to schedule your free case review today.