Is There a Cap on Personal Injury Claims?

Many people wonder if there is a “cap” or limit on how much they can recover as compensation for a personal injury. In some circumstances, there is a cap, and in others, there may not be a cap to recovery for personal injuries after an accident.

We want to answer this question as a “No,” but there are some logical and rational caps on personal injury claims. It is worth discussing, and in some ways, it will make total sense to say that there is no cap on how much money you could get back in the settlement of your claim. But let’s be reasonable for just a second. If you have a minor injury, there is no way your settlement package will settle for millions of dollars. Therefore, in that respect, “Yes,” there are definite caps on a personal injury claim.

You’ll need to put more than your thinking cap on to have this discussion. It will be a logical, reasonable, and standard discussion about what is reasonable in the real world and what you want to happen in your idea of the world. Let us explain it this way. Let’s use the example of a car accident. Person A is in a car accident with Person B, who is at fault for the loss and damages. Person A is injured and has a neck injury. All of the factors related to the accident will be reviewed by Person B’s insurance company, who will be making the settlement offer to Person A in the end. Now we can ask the question: Is there going to be a cap on the personal injury claim of Person A?

You Can’t Claim What You Can’t Prove as an Injury or a Loss

Let’s keep going with our example. If Person A has a neck injury and is seriously injured, the settlement package should reflect that information. In the alternative, if Person A is injured with a minor injury, then that injury will have a reasonable “cap” on how much the settlement package will be in that case.

For example, suppose Person A has a serious and permanent neck injury that resulted in paralysis of the left side of the person’s body that will result in a permanent disability. In that case, the resulting settlement could be in the millions of dollars, but not $100 million (a reasonable “cap”). On the other hand, if Person A’s injury will require traction, another surgery, and the prognosis looks good for Person A to fully recover and return to work good as new, the settlement may be in the high $800,000 to just at $1 million dollars, but not $30 million.

If Person A had a slight case of whiplash, will wear a neck collar for a few weeks, and will be approved to resume World Class Weight Lifting Competitions again in about a month, then the settlement may be for $20,000 to $50,000 to cover medical bills, but will not be as high as $100,000 (with that being the “cap” on this particular claim with a clean bill of health for Person A, being right around the corner).

This all makes sense, right? You may be beginning to see that there are logical “caps” to the claim or case, in much the same way that the insurance companies will cap out the claims of the people who bring an action against them for the wrongdoings of their insureds.

Insurance Companies Determine the Value of Claims Based on Complicated Formulas

You see, the insurance companies use tables, charts and graphs, as well as predictions to determine based on prior data the diagnosis, injury and how people really recover from injuries. Insurance companies are versed in determining how people recover from a serious injury based on the person’s prior health, pre-existing injuries, overall general health condition, and how the person is doing now. If there are more surgeries planned, the person is missing time from work as lost wages, has serious complications, or a permanent type of disability related to the loss, this will raise the amount of the settlement package for everyone involved.

Does the Injury Match the Accident?

Any time you claim a personal injury, you also need to be sure that you can document your injury and expenses related to that loss. You are going to bring an action to be reimbursed for your personal injury. You need to be able to show that you have been injured in the way that you claim on your case. There will be a cap on the personal injury, if your doctor or healthcare professional who has seen your injuries has made a determination as to your prognosis. This is the future guestimate as to how and whether you will get better or not, after the treatments.

Any time you go to the doctor or the hospital for treatment, it is not free, in the sense that there are medical fees associated with any treatment. You will note these expenses that you will be billed for medical services rendered to you. Your personal injuries will be noted by a doctor, clinical worker or the hospital professionals who see you to care for you and your personal injuries. You will not be able to claim damages, losses, or personal injuries that are out of line from the injuries that are normally and logically suffered in the loss or accident.

Pain and Suffering Are Part of the Settlement Package

You may have a claim for pain and suffering related to your accident, loss, and damages. You can suffer physical pain, psychological pain, and other related pain from the accident. You will need to be seen by a related healthcare professional for this, too, to show that you are having problems or issues coping normally with life after and as a result of your accident. The idea of recovering compensation from pain and suffering is that there can be some psychological issues associated with being in an accident.

For that reason, besides the physical pain that you suffer from being in an accident, there can be emotional pain that you experience as well. You are within your rights to be compensated for the pain and suffering associated with the accident or loss. For example, if you had not been involved in the accident, you would not have had the experience of feeling the pain and suffering that was directly associated with being in the accident in the first place. This is not a circular argument that goes nowhere. On the contrary, it is a valid argument that pain and suffering are real to many people, and the direct result of a loss of joy of life in some cases, on response to having been in a serious accident.

Top-Rated CEO Lawyer Personal Injury Law Firm

If you have any other questions about caps on Atlanta personal injuries, please feel free to give us a call.  Our injury and accident attorneys are here for you and know what to do to get you the money that you deserve related to whether there is a cap on personal injury claims in this type of situation. Just call the CEO Lawyer Personal Injury Law Firm at (833) 254-2923. We are ready to help you get back the money that you deserve when you are personally injured. Call us today for a free consultation.