There is no fixed formula. Insurers and courts typically consider the severity and duration of your pain, the type of injury, how it affects your daily life and activities, and the expected recovery time. Strong medical documentation linking your pain directly to the incident is crucial. Often, a multiplier (e.g., 1.5 to 5 times) of your total medical bills and lost wages is used as a starting point for negotiation, with the multiplier increasing for more severe, life-altering injuries.

The agreement becomes a legally binding contract. The first step is typically for the defendant (or their insurer) to issue the settlement payment as specified. You must then formally dismiss any pending lawsuit according to the agreement’s terms, usually by filing a “dismissal with prejudice” in court. Both parties must also comply with all other obligations, like returning documents or keeping terms confidential. Keep a fully signed copy for your permanent records.

Preserve the original digital files exactly as they came from your camera or phone. Do not delete them. Create a dedicated folder on your computer or cloud storage and make backups. Within the folder, you can create subfolders by category (e.g., “Scene,“ “Injury,“ “Property Damage”). A simple text document noting the date, time, location, and a brief description of what each photo shows will help you stay organized when you need to present the evidence later.