20 Myths About Personal Injury Compensation: Busted
How to Get the Compensation You Deserve in a Personal Injury Settlement
If you're injured in an accident, it's not uncommon for medical costs to quickly grow unmanageable. It is important to fully understand your options and get the compensation you are entitled to.
One option is to try to obtain an individual injury settlement. The amount you can collect through this method is contingent upon several factors such as your injuries and the liability of the other party.
Medical expenses
Personal injury cases typically involve medical expenses. They can vary from a few hundred dollars to several thousand based on the severity of injuries and whether ongoing treatment is required.
In the majority of cases, victims receive compensation for their current medical bills, as well as future care costs. This includes doctor visits, medications, physical therapy as well as hospitalization, ambulance rides, and other expenses for medical care.
However there are a few things that accident victims should be aware of when making an insurance claim for these expenses. First, the expenses have to be documented so that the settlement can be determined.
The next step is to provide the attorney of the plaintiff with all your medical records and receipts. These documents will enable the attorney to determine how much you have spent and how many future treatments will cost.
Your attorney might also need to seek a medical professional expert witness, who will testify about your injuries and the consequences. Although they might never have ever treated you as a patient, this expert witness will be able identify the treatment that is needed and the time it will take to heal.
After the claim is settled, your medical expenses will be covered by the settlement or jury verdict that is awarded to you. Your health insurer may make a lien on your settlement to collect money it has paid for medical care in certain cases.
This is referred to as subrogation. This lien can lower your total amount due to the defendant. It will also include any case expenses or attorney costs.
It is also important to be aware that the insurance company for the defendant will argue down the value of your medical expenses if they're found to be "unreasonably excessive." This tactic is commonly referred to the "nickel-and-diming" procedure.
This is avoided by being honest about your injuries from the beginning of the case. Personal injury lawyers will assist you in making sure you receive every penny of compensation.
Lost wages
Personal injuries can cause the loss of wages which could lead to financial catastrophe. If you've suffered an injury at work or as a result of a car accident it can be a challenge to figure out how to pay your bills while you're recovering.
It is important to understand how lost wage calculations are made and substantiated in an injury case. It is crucial to prove that you were unable or unwilling to perform your duties and that the time you were absent from work was directly related to the accident.
You can prove the loss of wages by obtaining documentation from the employer. Ask your employer for a written statement that lists your name, title along with the pay rate and the number of working days per week prior to and following the accident. You should also include paystubs or other evidence of earnings to prove your claim.
A personal injury lawyer can assist you to find the documents you require to prove lost wages in your case. These documents include your pay stubs as well as tax returns and other documents that show the amount of money you would have earned during the time you were unable work.
You can also get compensation for overtime, tips, or bonuses in addition to base lost wages. The formula for calculating these is the same as base lost wages, but you'll need to prove you were unable to utilize them because of the injuries you sustained in an accident.
Depending on your injuries, you might also have to prove your lost earning potential. This is the amount you could have earned if you weren't injured and still working at your regular job.
Calculating lost earning capacity is more difficult than proving that you lost a wage. It involves taking into consideration how long you're not able to work and the worth of your benefits. A consultation with an attorney for personal injuries is a good idea prior to you settle your case. This will help you understand how much you will be compensated for future lost earnings.
A professional with experience in personal injury law will have the experience and resources required to ensure that you receive all of the compensation you deserve after a serious accident. Contact us today for a free consultation and to know more about how we can assist you with your personal injury case.
Property damage
If you've been involved in an accident, you may be entitled to compensation for property damage. This includes damage to your vehicle, home, or other property that was damaged in the accident.
A person who caused the property damage due to negligence or carelessness can be sued for damages. You may also make a claim against the manufacturer of a product who sold you a defective piece of equipment that resulted in damage to your home or vehicle.
If an attorney who is specialized in personal injury work on your case, he or she will ensure that you get all the compensation that you are entitled to. This includes money for medical expenses, lost earnings and any other damages that you might be able to claim due to the accident.
You may be eligible to receive more or less dependent on the severity of your injuries, and the circumstances of the incident. Your lawyer will determine the severity of your injuries, and help you determine an amount for settlement.
While you might be tempted to accept the first offer from an insurance company, it is best to negotiate. An experienced lawyer can assist you in negotiating more efficiently and productively.
Your personal injury lawyer is able to determine your non-economic and economic damages. This is a better method of calculating your financial losses. Non-economic damages are those that result from emotional distress, and other losses.
After your lawyer has determined your damages, you will need to present an insurance company. This is the amount your lawyer believes you owe in compensation for the damage you have suffered.
The final step is to collect the evidence that you need to prove your claim. Photographs, witness statements and any other evidence are all acceptable.
Many people are shocked to learn that it can take several years for a personal injury claim to be settled. Half of our clients settled their cases within two to one year. 30% waited more than one year.
Pain and suffering
Pain and suffering is one of the categories of non-economic damages which can be granted in settlements for personal injuries. These damages include emotional distress and physical discomfort that are related to an injury. These can be difficult to quantify Therefore, it is vital to gather evidence that illustrates the extent of your injuries and the impact they have on your life.
In some instances, these non-economic damages can be more significant than the financial compensation you receive for medical bills and lost wages. For instance, if, for example, you suffered a major back injury and are now experiencing chronic pain, your quality of life has drastically diminished.
When determining how much you'll receive from a settlement, it is important to think about the magnitude of your losses. In general the more severe and traumatic your injuries, the greater the settlement.
Although it is difficult to prove the severity of your injury, it's possible with the help of an experienced personal injury lawyer. Medical records can be valuable evidence, as can statements from your doctor and mental health professionals.
Family members and friends can also testify about how your injuries have affected you. They can testify to the emotional and physical trauma you've experienced, as well as any changes in your personality or behavior.
Insurance companies typically use one of two methods to calculate the value of the plaintiff's pain and damages. The most popular method is the "multiplier" which employs the multiplier of 1.5 to 5.
To help you understand how a multiplier could affect your case, let's use an example of a plaintiff who has an injury that requires extensive medical care and a long recovery time. She incurs $10,000 in medical expenses and loses five weeks of work, earning a salary of $1,000 per week.
This multiplier will likely result in her obtaining $3.2 million. In addition to this amount, she would be eligible for pain and suffering/non-economic damages that equal $64,800 (180 days of suffering multiplied by $360 per day).
personal injury law firm chino qualified personal injury attorney who has dealt with insurance companies is the best way to demonstrate your pain and suffering. They can gather evidence and present your case to jurors.