How do you calculate what a settlement will be?

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How do you calculate what a settlement will be?

Asked on August 13, 2014 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no hard and fast answer--each case depends on its own unique facts--but  as a *rough* rule of thumb, a settlement would usually be around 30% - 60% of the sum (total) of the following:

1) All out-of-pocket (not reimburse or paid by insurance) medical costs, both present and projected future (though projected future costs are themselves "discounted to present value," or reduced by a mathematical formula which accounts for the fact that it's better to get money today then money tomorrow);

2) Lost wages to date, and projected future reduction, if any, in earning potential;

3) Other out-of-pocket costs, to date and projected future (e.g. if due to an injury, a home health aide has to be hired);

4) For injuries causing significant disability, disfigurement, or life impairment which lasts at least several weeks or months, some amount for "pain and suffering" which would commonly range from 1/3 or 1/2 of total (including paid by insurance) medical costs up to, for longer lasting and more serious injuries, 2 or 3 times medical costs.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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