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Once the settlement date has been decided, we calculate your settlement figure by taking the current capital element of the balance outstanding, adding the interest due up to the agreed settlement date, plus one month's additional interest (as outlined above).
A Calder bank offer is an offer of settlement made by one party to another in an attempt to resolve the dispute. It must be a genuine compromise open for a reasonable period of time. An important feature of a Calder bank offer is that it is made 'without prejudice save as to costs'.
A general rule is 75% to 100% higher than what you would actually be satisfied with. For example, if you think your claim is worth between $1,500 and $2,000, make your first demand for $3,000 or $4,000. If you think your claim is worth $4,000 to $5,000, make your first demand for $8,000 or $10,000.
The more severe, the more your number is multiplied by. For example, if a person has $4,000 in medical bills because of a torn ligament, they might multiply that amount by two. This would determine their pain and suffering value to be $8,000.
A Good Settlement Offer. Most cases settle out of court before proceeding to trial. Some say that the measure of a good settlement is when both parties walk away from the settlement unhappy. This means that the defendant paid more than he wanted to pay, and the plaintiff accepted less than he wanted to accept.
I'll also show you how to calculate pain and suffering. In 2017, the average auto liability claim payout for bodily injury was $15,270. However, the $15,270 figure includes loss adjustment expenses. An example of an expense is when the insurance company hires an investigator to take photos of the accident scene.
For example, if a plaintiff incurs $3,000 in medical bills related to a broken arm, he might multiply that by three, and conclude that $9,000 represents a reasonable amount for pain and suffering.
Emotional Distress Claims The cap established for non-pecuniary damages, adjusted for inflation, is currently near $360,000, but only for the most severe cases. Under the law, you will already be fully compensated for future loss of income and future care costs.

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