Posted in News on December 20, 2021
If you or somebody you love has sustained an injury caused by the careless or negligent actions of another individual or entity, you should be able to receive compensation for your losses. However, there is no set amount of money paid out to personal injury victims in Montana. Rather, there are various facts and circumstances surrounding each civil personal injury claim that must to be examined to determine fair settlement amounts. Here, we want to discuss what goes into personal injury calculations in Montana.
What Goes Into the Personal Injury Settlement Calculation?
There are various factors to take into consideration when it comes to personal injury settlement calculations. First and foremost, these claims are going to revolve around the injury (or injuries). Typically, the costliest part of injuries is the actual medical bills. This includes emergency medical expenses as well as all necessary surgeries and follow-up care. No personal injury case should be settled until after a person has completed all medical care necessary for them to be made as whole as possible.
However, medical bills are not the only factor that has to be considered. Also included in personal injury settlement calculations are any lost wages a person sustains if they are unable to work while they are recovering from their injuries. In some cases, an individual may be able to recover relatively quickly and not sustain much lost income. However, there may be times where an individual is unable to return to work for long periods of time or when they may not be able to return to work at all.
There are various other economic expenses that an individual may sustain after an injury occurs. This includes household out-of-pocket losses as well as any property damage expenses incurred as a result of the incident.
Finally, we have to consider the level of a person’s pain and suffering after the injury occurs. While there may be no exact way to measure this type of loss, there are various methods that attorneys can use to calculate non-economic damages. For example, if an individual sustains $100,000 worth of economic damages, a “multiplier method” will likely be used to calculate non-economic damages. That $100,000 could be multiplied by a set number (ranging from 1.5 to 5) to reach the non-economic total.
Can a PI Attorney Help Secure a Larger Settlement Than Personal Representation?
In general, yes, an attorney will be able to help individuals secure larger settlements than would otherwise be available if a person tries to handle the case themselves. Put simply, an attorney understands all of the tricks and tactics that insurance carriers and at-fault parties will use to try and limit how much you receive in a settlement. An attorney can use their resources to conduct a complete investigation into the case, find the evidence needed to prove liability, and represent you in court.
Can an Attorney Help Assess the Value of My Case?
An attorney will be able to help you assess the value of your case. They will do so by using their resources to work with trusted medical and economic experts who can evaluate the entirety of the situation and work to properly calculate these losses. These medical and economic professionals can present their findings to insurance carriers or act as expert witnesses in a personal injury trial.
When an attorney is involved, they will typically handle these cases on a contingency fee basis. This means that there will be no upfront or out-of-pocket costs handed down to the client. Individuals will only have to pay legal fees after their attorney successfully recovers the compensation they are entitled to.