Omaha, NE – Health is more important than anything, but after being injured in an accident you may start wondering how much is your personal injury claim worth. The bills keep piling up on your kitchen desk and you don’t want to be forced to pay out of pocket, especially not at a time when you cannot go to work. Many people in this situation believe the insurance company will give them an answer to this most-pressing question. They will give you an answer, but chances are you’re not going to like it.
Never trust what an insurance adjuster tells you. They’re lowballing you as this is how they make profits. Think of it, a bit. A guy comes in asking for $500,000 in damages. Next comes another accident victim with a $1 million claim. Then there’s you asking for money. If the company spends money right and left, there won’t be any profit by the end of the year. (Actually, they’d still be making profit, but why not make more?)
How are personal injury claims calculated
You need to know how much your claim is worth before you talk to the insurance company. To find out how much money you should ask for, contact an experienced personal injury lawyer in Omaha. The value of your claim depends on the severity of your injuries and the extent to which they impacted your life.
The most important thing to keep in mind is that in Nebraska there is no cap on damages for accidents. Only damages resulting from medical malpractice are capped.
These will cover your medical bills, including hospital bills, rehabilitation treatments, the cost of medication or equipment you may need at home.
This part is more complicated as there are no bills to justify the money you seek in compensation for your pain and suffering. Only a seasoned accident lawyer can tell you how much you can ask for.
Your non-economic damages should compensate you for your physical pain and the mental suffering your injuries caused you. If you’re reduced to spending most of your time in bed, you can seek damages for all the things you miss, like playing with your kids, going on a hike with your friends or to your karate class. All this falls under loss of enjoyment in life and those responsible for your suffering must pay.
Any mental issues, such as anxiety, insomnia, shock, nightmares, depression, PTSD, can be included in your pain and suffering damages. Your lawyer will help you gather the proof you need to convince the insurance adjuster or a jury.
How are pain and suffering damages calculated?
You cannot simply walk in there and ask for one million dollars just because it sounds fair to you. No jury and certainly no insurance adjuster will award you unreasonable damages. There are two methods currently used in Nebraska to calculate non-economic damages.
Per diem method
This method is commonly used for short-term injuries. If you break a leg and it will take 45 days for the bone to heal, that number of days will be multiplied with a figure representing your losses. Usually, the amount your daily suffering is worth will be equal with your daily wages.
This method is often employed for severe injuries that take a lot to heal and leave you with some sort of impairment or disability. The total value of your economic damages is multiplied by a factor between 1.5 and 5, with the higher factor representing life-changing injuries. For instance, if you have sustained spine damage and you were left with mobility issues, your lawyers will convince the jury to assign you a factor of 5. If you were awarded $500,000 in economic damages, your pain and suffering could be worth $2.5 million.
If you were recently injured in a car accident in Nebraska, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus. Their attorneys work on a contingency fee basis, so you don’t owe them anything unless they win your case.
Rensch & Rensch Law
7602 Pacific St #102, Omaha, NE 68114
1470 25th Ave, Columbus, NE 68601