-
Gunn Hagan posted an update 1 year, 1 month ago
How to File a Personal Injury Claim
If you’ve suffered an injury from an accident caused by the actions of another you might be eligible to bring a personal injury lawsuit. At the very least the claims will compensate you for the past and future medical costs.
Compensation is available for other losses that have a monetary value such as pain and discomfort. Calculating the exact value of damages isn’t easy.
Medical bills
Medical bills are a typical expense that our clients in Palm Coast and Ormond beach encounter following an accident. Personal injury cases can help with these costs. However, it’s important to keep records of all costs related to the injury. This includes not only the cost of the medical bill but also any extra expenses that arise as a result of your injuries (like hiring someone to mow your lawn, or buy gas to get you to and from medical appointments).
If you have health care coverage, ensure that you take advantage of it to cover your medical expenses. This will keep you from getting into a lot of medical debt. personal injury lawyer pittsburgh is essential to notify your insurance company and the billing office of your healthcare provider if you receive a statement that you think is not correct. Request documentation and explain the issue in full. Include the date, time and name of the person who spoke to you.
In some cases, your insurance company will put a lien on the claim to collect the amount it paid for medical treatment. Subrogation is the legal term for this procedure. It is, however, possible to negotiate how much your insurance company is eligible to claim through this process.
Lost wages
If you’re hurt in a car accident and cannot go to work or earn money, the loss could be a major financial burden. In most cases, lost wages are covered by the auto insurance policy of the driver who was at the fault. However, there are instances when this may not be the case and you could be required to sue for additional compensation.
In most instances, lost wages can be calculated by adding up the days missed and multiplying the result by your hourly wage. Salary employees can also calculate their lost earnings by using their annual salary. This calculation also includes any other benefits you could have received had it not been for the accident, like overtime pay, commissions tips and bonuses.
It is important to note that you must have valid proof in order to claim lost wages. You will require a medical certificate stating your injuries and why you could not work. You’ll also need to provide pay stubs, bank statements and tax returns. An attorney can assist you with assembling these documents and may also consult with an accountant to determine the fair market value of your lost wages.
Suffering and pain
Personal injury cases award money to compensate for pain and suffering in addition to medical expenses and lost wages. These aren’t economic and include physical and emotional pain and loss of normal living. Non-economic damages are difficult to calculate, and they can vary from person to person.
Insurance companies employ a variety of methods for determining the value of the suffering and pain of a person. The multiplier method and the per diem are two of the most popular. The multiplier method requires assigning a value between one and five to the severity of your injuries. A one might be scrapes and bruises, while a five would be severe injuries or permanent disabilities. Multiply your medical costs by this amount to determine your total economic losses.
The per diem method of awarding pain and suffering is the amount of money per day you suffered from injuries. This method is less commonly used than the multiplier method.
A knowledgeable attorney can assist you in maximizing your compensation for pain and suffering. They will provide evidence to back up your claim and send an order letter to the at-fault party’s insurance firm. They will then negotiate an fair settlement. If you and the other side are unable to reach an agreement, you can schedule a hearing in court to have an arbitrator take an announcement. Arbitrators are retired lawyers and judges with a wealth of experience in the decision-making process in personal injury cases.
Damages
A successful personal injury lawsuit can provide compensation to the victim for both direct and indirect costs. Direct costs include medical treatment loss of wages, medical care, and other costs related to an accident. Indirect costs (also called general damages) comprise things like suffering, pain, and medical care. General damages can be difficult to quantify and are highly subjective.
In the majority of cases, the amount that a plaintiff will be awarded in damages is calculated by adding all bills and income lost and then estimating future losses based on the plaintiff’s expected time of recovery. Lawyers will require access to numerous medical bills and other documents to estimate the future economic damages. In certain situations the services of a specialist could be required to estimate the cost of future medical treatment and other costs.
In addition to compensating victims for their past and projected future damages, a personal injury lawsuit can also seek punitive damages from the defendant. They are designed to penalize the defendant and deter similar behavior. A court is only able to award punitive damage in cases where the actions of a defendant are deemed to be particularly reckless or malicious. Most personal injury cases don’t get to this point. If yours does you’ll need an attorney to oversee the process and ensure that you’re awarded the most compensation for your case.