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What Are the Standard Settlements for Injury Claims Including Special and General Damages?

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Although no two personal injury cases are alike, it is difficult to determine the average car accident settlement and guarantee a fixed reward of damages for each case. There are specifically two types of damages: special damages and general damages. Special damages are considered to be easier to estimate economic damages suffered after an accident. These special damages include all allowable out-of-pocket costs related to the car accident. These easy-to-quantify expenses include: (1) property damage; (2) current and future medical costs; (3) current and future lost work wages; (4) prescription drugs related to any injuries sustained by the accident; (5) any travel to doctor’s appointments or hospital visits; and/or (6) any necessary physical therapy.

NOTE: It is imperative to retain all receipts after the accident. Insurance companies may need to refer to this information to provide a fair settlement. If an expense cannot be verified, it will be extremely difficult and almost impossible to be reimbursed for that expense without justification.

General damages are much more difficult to estimate, as they are more-so subjective costs. These subjective and personal costs include: (1) a loss of enjoyment for life; (2) a physical pain and suffering caused by an accident; (3) mental anguish; (4) a disruption of familial relationships; (5) a loss of care and guidance; (6) a loss in the ability to properly care for a child and/or dependent; and/or (7) a scarring or disfigurement from the accident.

Most insurance adjusters calculate general damages through software functions and their own judgment to customize the outcome of a claim by tracking all accident-related expenses and provide documentation to the insurance adjuster to recuperate them. It is important that you follow the proper medical advice given, as companies are notorious for denying a claim if they believe you are not taking the necessary precautions to heal your injuries.

It is possible you can receive compensation for any injury suffered during a car accident. If you are considering making a personal injury claim for your car accident and any injuries you may have sustained, it is important that you are well-prepared; keep a detailed record of the accident, your symptoms, and your medical treatment and expenses.

Depending on your car insurance coverage, you might also be able to have your injuries covered. However, because New York is a no-fault state, your own insurance covers your medical bills and other losses after an accident. Your options for pursuing a lawsuit and recovering compensation for losses like “pain and suffering” are limited when you’re injured in a car accident in New York.

To have a better understanding of what you are entitled to in compensation, consult with an attorney at KI Legal to discuss your facts and come up with a plan to acquire a settlement necessary to your need to return to a sense of normalcy.



This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team

KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

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