When you get injured during an accident, you can go ahead and file a personal injury claim with the help of an attorney. If you win the case, you’ll be compensated for the damages.
Every personal injury case is unique. The only way to fully understand if you have a case and how much you might be entitled to is to talk with a personal injury attorney. Your unique circumstances are taken into account along with your type of injury and who was at fault. Your attorney can then help you decide if you want to pursue the case and how much money you should have due. Even though you won’t know specifics until you talk to an attorney, here are some general things to know about personal injury cases
Determining Who Is at Fault
Sometimes, it’s clear the other party is at fault when you have an accident. Other times, you may wonder if you are to blame for what happened. If that’s the case with you, you shouldn’t make the decision not to pursue the case just because you think you’re at fault. Determining who is at fault could be a legal matter. You may be partly to blame and someone else might be partly to blame as well. Let your attorney decide if your actions at the time rule out the chances of you having a solid personal injury case.
Knowing the Limit on General Damages
The amount you can be paid for general damages has a cap on it. This is money you would receive for suffering and emotional stress caused by the incident. This is different from special damages that you’re paid for medical bills and lost wages. The amount you can receive for general damages varies according to the severity of your injury and the nature of the incident, but it can’t exceed the current cap.
Some of the financial losses that you can claim after being involved in an accident include:
Cost of Medical Treatment
If you have incurred major injuries after an accident, you need to seek medical attention such that you’ll recover fast. For instance, you need counseling to help with the trauma. If you have physical injuries, you need physiotherapy. You can recover the cost of medical treatment from the other party responsible for causing the accident.
Ensure you’re provided invoices that indicate you received the necessary treatment after the accident.
Loss of Earnings
Depending on the extent of the injuries that you have incurred, you may be unable to report for work for a stipulated period. In the process, you’ll lose out on your earnings.
As you file a claim, you need to ensure there is supporting evidence about the loss of earnings. You can present some slips that were issued before you got involved in an accident. If your employer issued a letter indicating that you have taken some time off for a particular reason, you should also present it as evidence. For self-employed individuals, you should present your tax returns for the past three years. Also, there should be evidence regarding the leave of absence.
Care and Assistance
Considering you’re injured, you need to take some time off work as you also get the necessary care and assistance before you fully recover. You may have to employ someone who’ll assist you in handling different chores considering you’re incapacitated. To file a claim for care and assistance, you should present the necessary medical evidence.
After an accident, the medical practitioner will prescribe medication to ensure the symptoms you’re experiencing are under control. You need to file a claim for the cost of medication and other remedies. You should provide the receipts issued as you purchased the medicine.
To ensure you’re compensated accordingly, you should hire a personal injury attorney. They should be experienced such that you’ll have a higher chance of winning the case in court.
Understanding What’s Included in Special Damages
The amount of money you can receive in special damages will depend on the expenses you had or still have because of the injury. If you have fully recovered, you might be paid for all of your medical bills, lost wages, and expenses you accumulated while you were being treated and during your recovery. If you’ve been left with permanent disability or inability to work, then you might also be paid for projected future medical expenses and future lost wages. Arriving at the right amount involves working with your medical and legal team so your condition is understood and your future needs are anticipated. This process will require analysis of your medical records, police records, and expense documents.
Deciding Whether to Settle
Once your attorney has gathered information and obtained all the necessary documents, attempts may be made to settle with the insurance company so you don’t have to go to court. A settlement could be less stressful for you and a quicker way to get your money. Your attorney will advise you if a settlement is in your best interests. However, you might not have a choice if the other side doesn’t want to settle. Therefore, you should be prepared to go through the court process before you proceed with your case.
Some of the factors to consider as you hire a personal injury attorney include:
Hire an Experienced Lawyer
Besides hiring an experienced personal injury litigator, you should opt for a no win, no fee injury lawyer. If such an attorney fails to deliver as promised, you won’t pay them for the services offered.
The main advantage of working with an experienced attorney is that they may have handled many cases similar to yours. With such an attorney, you’re confident that the odds will be in your favor.
Hire an Attorney With Good Communication Skills
Good communication skills matter when dealing with professionals such as attorneys. The lawyer should be able to answer all your questions promptly while also informing you about the progress of the court case.
The thought of going through this process may seem daunting, but when you hire a personal injury attorney to represent you, you’ll have support the entire way. If an injury has caused you to run up medical bills and kept you from working, pursuing a personal injury case could help secure your financial future and ensure your future medical needs will be provided. Consider some of the tips mentioned above such that you can you’ll maximize your chances of recovering your financial losses.