How to Get the Compensation You Deserve in a Personal Injury Settlement
It’s not uncommon for medical bills to rapidly become out of control following an accident. If this occurs, it’s vital to understand your options and receive the money you deserve.
One alternative is to pursue a personal injury settlement. The amount you will receive is contingent on a variety of factors, including the severity of your injuries and the liability of the other party.
Medical expenses
Medical expenses comprise a large component of the majority of personal injury cases. They can range from a few dollars to several thousand dollars, according to the injuries sustained and whether they require ongoing treatment or follow-up care.
In most cases, victims will receive reimbursement for their current medical bills, as in the future for future medical expenses. This includes doctor visits, medication, physical therapy or hospitalization, ambulance rides, and other medical expenses.
However, there are a few things that accident victims need to be aware of when making a claim for Personal Injury these costs. First, the expenses must be documented so that the settlement amount can be determined.
The next step is to provide the attorney representing the plaintiff with all of your medical records and receipts. These documents will assist the attorney understand the amount you’ve spent so far and what future treatments are likely to cost.
Your attorney may also need to request a professional medical expert witness to give testimony about your injuries as well as their effects. While they may never have ever treated you as a patient, this expert witness will determine the type of treatment required and the time it will take to recover.
Once the claim has been settled, the medical bills can be paid out of the settlement or jury verdict given to you. Your health insurance company can issue a lien against your settlement in order to recover the amount it has paid for medical care in certain cases.
This is known as subrogation. This lien can reduce the total amount due to the defendant. It also includes any costs associated with the case or attorney costs.
Additionally, it is crucial to keep in mind that the insurer of the defendant will challenge the worth of your medical expenses if they are found to be “unreasonably excessive.” This tactic is commonly called the “nickel-and-diming” process.
The best method to avoid this is to be upfront about the damages you have suffered in the beginning of the case. The personal injury lawyer will make sure that you receive the full amount you are entitled to in compensation.
LOST LOCAL WORKERS
Losing wages can be huge financial burden after a personal injury. Whether you’ve suffered an injury at work or as a result of a car accident it can be difficult to find ways to pay for your expenses while recovering.
It is important to understand how lost wage calculations are made and proven in a personal injury case. It is essential to prove that you were not able or unwilling to work at your job and that the reason you were unable to work was directly related to the accident.
The most straightforward method to prove lost wages is to collect documents from your employer. Request an official statement that lists your name, your position and pay rate, as well as the number of days you worked each week prior to and following the accident. You should also include paystubs or other evidence of earnings to support your claim.
A personal injury lawyer can help gather the necessary documentation to prove lost wages in your case. This includes your paystubs, tax returns and any other documents that show how much money you would have earned during the period you were not able to work.
You may also be eligible for compensation for overtime, tips or bonuses, in addition to the base lost wages. The formula for calculating these is the same as with base lost wages, however you’ll have to prove that you weren’t able to use them due to your injuries from an accident.
You may have to prove your earning capacity, based on the degree of your injuries. This is the amount of money you would have earned if you had not been injured and were able to work at your regular job.
Calculating lost earning capacity can be more complicated than proving that you lost a wage. It requires considering how long you’re unable to work and the value of your benefits. It is a good idea to discuss this with a personal injury lawyer prior to settling your case so that you know how much you’ll be compensated for future loss of income.
A skilled personal injury lawyer has the knowledge and resources needed to ensure that you get all of the money you’re due following a serious car accident. Contact us today for a free consultation and to find out more about how we can assist you in your personal injury lawsuit injury case.
Property damage
You could be entitled to compensation for property damage if you are involved in an accident. This is akin to damage to your vehicle, home, or other property that was damaged in the accident.
You can seek compensation from someone who caused damage to your property due to negligence or carelessness. You can also file a claim against a product manufacturer who sold you a defective piece of equipment that caused the destruction of your home or vehicle.
When a personal injury lawyer works on your case, they will make sure that you receive all of the compensation you’re entitled to. This includes money for medical expenses, lost wages and any other damages you may have suffered due to the accident.
Based on the severity of your injuries and the circumstances of the accident, you might be able collect more or less money for these damages. Your lawyer will determine the extent of your injuries and help you decide how much you can request as an amount of settlement.
While you might be inclined to accept the first offer of an insurance company, it is best to negotiate. An experienced attorney can help you negotiate more efficiently and productively.
Your personal injury lawyer can calculate your economic and non-economic damages. This is a better way to calculate your financial losses. Non-economic damages include pain, suffering, emotional distress, and other losses.
After your attorney has calculated your damages, you will be required to submit a demand to the insurance company. This is the amount your lawyer believes you owe as compensation for the damage you’ve suffered.
The final step is to collect the evidence that you need to back your claim. Photographs, witness statements and any other evidence are all acceptable.
Many people are shocked discover that it can take several years for a personal injury case to be settled. In fact, half of our readers resolved their cases within two months to one year, whereas 30 percent of them waited longer than a year before their claims could be settled.
Pain and suffering
Pain and suffering is a category of non-economic damages which can be awarded in personal injury settlements. These damages include physical discomfort and emotional pain related to an injury. They aren’t easy to quantify so it is essential to gather evidence that illustrates the extent of your injuries and the impact they have on your life.
Sometimes, these non-economic damages could be more serious than the monetary compensation for medical bills or lost wages. For example, if you have suffered a serious back injury and are now suffering from chronic pain your quality of life has significantly diminished.
In determining the amount you can expect to receive in settlement, it’s important to consider the extent of your losses. Generally, the more severe and painful your injuries were as a result, the more you will be entitled to in a personal injury settlement.
Proving the severity of your injuries is an arduous task, but it can be done with the assistance of a competent personal injury lawyer. Your medical records can be a valuable source of evidence, as can statements from your doctor and mental health professionals.
Testimony from friends and family members can also give you valuable insight into how your injuries have affected your life. They can provide evidence of the emotional and physical trauma you’ve suffered in addition to any changes in your personality or behavior.
Two methods are utilized by insurance companies to determine the plaintiff’s loss of pain and suffering damages. The most commonly used method is the “multiplier” method which uses a multiplier of 1.5 and personal injury 5.
Let’s examine a plaintiff who was injured that required extensive medical treatment and an extended recovery. She is forced to miss five weeks of work and has to pay $10,000 in medical bills.
Using this multiplier, she could likely receive a total of $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).
The most effective way to prove your pain and suffering damages is to work with a qualified personal injury attorney who is knowledgeable of the law and has experience dealing with insurance companies. They can gather evidence and present your case before an impartial jury.