How to File a Personal Injury Claim
You could be eligible to claim personal injury in the event that you were injured in an accident as a result of the actions of someone else. These claims could at least cover future and past medical expenses.
Compensation is also available for other losses with a monetary value like pain and suffering. The exact amount of damages isn't easy.
Medical bills
Medical bills are among the most common expenses our clients from Palm Coast and Ormond Beach suffer after an accident. Thankfully, personal injury cases can be used to cover these expenses. It is essential to keep in mind all expenses. This includes the amount of your medical bill as well as any additional costs that you incur because of your injury (such hiring a person to mow the lawn or buying gas to drive to and from your medical appointments).
Use your health insurance policy to cover medical expenses. This will stop you from accruing large amounts of medical debt. It is essential to contact your insurance company as well as the billing office of your healthcare provider in the event that you receive a medical bill that you believe is incorrect. Detail the issue and be sure to seek documentation of the conversation, including the name of the person you spoke with and the date and time of the phone call.
In certain situations your insurance company may put a lien on the claim to recover the money it owes for medical care. This is a legal process called subrogation. However, it is possible to negotiate how much your insurance company is eligible to claim through this method.
Lost wages
The loss of income in the event that you suffer an injury and are unable to work be a major financial burden. In the majority of cases, lost wages are covered by the auto insurance policy of the driver who was at fault. However, there are some situations where this might not be the case and you might have to file a lawsuit for additional compensation.
Typically, lost wages are calculated by tallying the number of days skipped and multiplying this by your hourly rate. Salary employees can also calculate their lost wages by calculating their annual salary. This calculation also includes other benefits you might have received had it not been due to the injury, such as overtime pay, commissions as well as tips and bonuses.
You must have a valid document to claim your lost wages. This will include a letter from your doctor that outlines your injuries and reasons why you were unable to work. You'll also have to provide pay statements, stubs and tax returns. An attorney can assist you in compiling these documents and can even collaborate with an accountant in order to determine the fair market value of your lost wages.
Suffering and pain
Personal injury cases award compensation for the pain and suffering suffered in addition to medical expenses and lost wages. These damages are non-economic and comprise emotional distress, physical pain, and loss of normal living. Non-economic losses are difficult to quantify and may differ from person-to-person.
Insurance companies employ various methods to determine the value of suffering and pain. The multiplier method and the per diem are two of the most popular. The multiplier method involves assigning a severity of injury between one and five. One might be only a few bruises or scrapes while a value of five could be an incredibly serious injury or a permanent disability. Multiply your medical costs by this number to calculate your economic damages.
The per diem method of calculating pain and suffering awards an amount per day you were suffering from your injuries. This method is less used than the multiplier method.
An experienced attorney can help maximize your compensation for pain, suffering and other damages. personal injury lawyer queens will submit a demand to the insurance company of the party who was at fault and provide evidence to back up your claim. They will then negotiate to reach an fair settlement. If you and the other parties are unable to agree, you may schedule an appointment with a judge to have an arbitrator decide on your award. Arbitrators are usually retired lawyers and judges who have a wealth of experience deciding personal injury cases.
Damages
A successful personal injury lawsuit can compensate a victim for both direct and indirect costs. Direct costs include medical expenses, lost wages, and expenses resulting from an accident. Indirect costs, also referred as general damages, cover things like pain and suffering. General damages can be difficult to quantify and are highly subjective.
In the majority of cases, the amount of a plaintiff's damages will be determined by adding up the amount of bills and loss of income, then projecting future losses based upon a plaintiff's anticipated recovery time. To calculate future economic damages lawyers will need to have access to a significant number of medical bills and other documents. In some cases, a specialist may be needed to help estimate the future medical and other expenses.
A personal injury lawsuit may also seek punitive damages from the defendant. These are intended to penalize the defendant and discourage similar actions. These are intended to punish the defendant and discourage similar conduct. However, a court may only decide to award punitive damages only in situations when the defendant's actions could be considered to be particularly reckless or nefarious. Most personal injury cases never get to this point. If it does happen require an attorney to help guide the process and ensure you're awarded maximum compensation for your case.