The Damages And Compensation Formula In A Personal Injury Case

Are you suffering from a personal injury and thinking of making a claim?

Do you even know how much your claim might be worth? Ask yourself!

Don’t go in without any information in your hands. Make essential calculations and know the formula for your personal injury case to get a fair claim amount. This is rarely a straightforward calculation, so if you are even a bit unsure, consider speaking with a Buffalo personal injury lawyer, because the compensation formula is not the same for all cases and situations.

Why Is There A Need For Damages And Compensation Formula?

If a person is liable for your accident- you need to prove it.

The liable person and its insurance company will be liable for:

  • Medical bills
  • Lost income or missed work time
  • Physical sufferings or pain
  • Permanent physical disability or disfigurement
  • Loss of family, friends or other social experiences
  • Emotional damages from any of the above

You might easily put out an amount for physical damages or loss of money but there is no possible way to put out a dollar figure for pain and sufferings. This is where the damages formula comes in!

How Does Formula Works?

All the total medical expenses related to the injury will be added up by an insurance adjuster known as ‘specials’. Now, to figure out how much to compensate the injured person for permanent disability, pain, sufferings, and emotional damages which are called ‘general damages’.

Now the adjuster will play with the formula.


The number of special damages will be multiplied by one-and-a-half to three times in the case of minor damages. And it goes up to five times or more if the damages or injuries are painful and severe or long-lasting.

Now, this multiplied amount is recognized. The adjuster will add any income loss or have lost due to injuries in this case.

The total is then added to lost income which becomes the amount from which the negotiation begins.

Insurance Adjusters Hides The Formula

The insurance adjusters don’t usually disclose their compensation formula.

They tend to follow a basic rule of negotiation. It is better that you don’t even disclose what you are thinking or know and just play along.

Final Verdict

Now that you are aware of the formula you even know the areas where you have command. Wisely make your claim in accordance with personal injury for damages.