No precise formula exists to determine the value of a Connecticut personal injury case. However, there are certain factors, which help attorneys and insurance adjusters calculate the range of what reasonable compensation is in a particular case.
1. Fault/Liability. This is the first step in an analysis of any personal injury case. Who caused the car accident? Who is responsible for the injuries? If you are at fault, you will not be entitled to damages regardless of the severity of your injuries. Sometimes fault is a matter of degree. In such a case, you may recover damages but the damages will be decreased proportionally by your degree of responsibility.
2. Medical expenses. You should be reimbursed for all bills for medical services rendered (ER visits, doctor’s appointment, co-pays) as well as the projected cost for future medical treatment. Often insurance adjusters will attempt to discount these expenses claiming that the patient sought medical care than was unnecessary or that second and third opinions should not be paid for, as these were diagnostic and unrelated to treatment.
3. Lost income/wages. This includes not only documented past wages but also includes the loss of future anticipated income.
4. Your injuries/pain and suffering. For many types of injuries, a doctor will assign a disability rating based on the limited use of the injured body part(s). In addition, you should consider how the injuries affect you on a daily basis. Think of what activities you cannot do at all since the accident and others you can still do but only with pain. Essentially, you are entitled to damages for the loss of enjoying your life as you did before the injuries. If you have pre-existing injuries, expect the insurance adjuster to reduce your payment alleging that the current accident was not the sole cause of your injuries.
5. Your age. The victim’s life expectancy provides a way to predict how long the accident victim will live with these injuries. Obviously, the longer the life expectancy, the higher the damages. Age may also be relevant in terms of the “sympathy” factor. For example, juries may award a higher amount to very young children or elderly victims.
6. Punitive damages. There are some cases where the party at fault was more than negligent. They were reckless. For example, a car accident where the at fault party was charged with drunk driving. In these types of cases, the law allows the injured party to recover double or triple damages.