When injured in an accident, you may wonder who will pay your settlement. In most instances, negligent parties typically carry insurance policies that cover their negligent acts.
Insurance companies have an incentive to reduce payouts as much as possible and rely heavily on lawyers as an equalizing force in court proceedings.
Medical bills
Medical expenses are an essential component of most personal injury lawsuits, often including emergency room visits, surgery procedures, diagnostic tests, physical therapy sessions, prescription medication and post-treatment follow up care.
Injury severity also plays a factor in how much compensation an accident victim will receive through settlements for medical expenses related to their accident. For example, brain or spinal cord damage will likely require extensive medical treatments with higher bills than an injury such as sprain or bruise.
Dependent upon the nature and cause of an accident, medical expenses may be covered through workers’ compensation, auto insurance or private health care policies. PIP policies for autos provide upfront medical coverage in no-fault states while private health insurers will often seek subrogation claims against at-fault parties to recoup some or all their payments; it’s therefore vital to have sufficient health coverage before an incident occurs.
Lost wages
As part of their recovery process, injuries often require missed wages to heal fully. A personal injury claim seeks compensation to offset these financial strains caused by negligent parties and help relieve financial pressures on families affected.
These payments may include hourly wages, salaries, tips and bonuses as well as vacation days and sick leave pay. Furthermore, injured individuals may receive compensation for lost opportunities such as seasonal or performance bonuses.
Demonstrating lost wages requires compiling documentation such as doctor’s opinions, pay stubs and tax statements from employers or pay stubs from your current pay period (in case you work self-employed). For self-employed individuals this includes invoices or profit and loss statements which provide evidence of prior earnings.
Insurance companies frequently request independent medical evaluations in order to assess an injury and its long-term effects, so hiring a personal injury attorney is often invaluable when facing this kind of scrutiny. Your personal injury lawyer will review documents supporting your claims while also negotiating on your behalf with insurers to avoid agreeing to terms that could compromise future income streams.
Pain and suffering
Pain and suffering damages, often overlooked when making personal injury claims, aim to recognise the emotional and psychological damage an accident or injury can inflict upon its victims. This could include things such as reduced enjoyment of life, companionship or depression – or simply not being able to participate in activities you would normally enjoy doing – for instance a back injury could prevent someone from running in a marathon they spent months training for.
To establish pain and suffering damages, your attorney will collect evidence demonstrating their impact on daily life, such as medical records, statements from friends and family members as well as potential expert testimony. While economic damages can usually be proven with receipts and bills, pain and suffering damages typically require more in-depth documentation such as journals that detail how injuries have impacted daily living – for instance.
Damages
Personal injury cases seek to provide damages that will make up for physical, emotional and financial consequences of an accident. While each case varies considerably in this regard, various factors will dictate the compensation awarded to injured parties.
Economic damages refer to any quantifiable monetary losses directly associated with an injury, such as medical expenses, lost income and property damage. Documenting all expenses and financial losses accurately increases your chance of receiving full reimbursement.
Non-economic damages, commonly referred to as pain and suffering damages, are harder to place a monetary value on. A successful claim for these damages may help deter future negligent acts while creating a safer society.
