How to File a Personal Injury Claim
If you've suffered injuries from an accident caused by the actions of someone else you might be eligible to pursue a personal injury claim. These claims will at a minimum provide you with compensation for future and past medical expenses.
Compensation is available for other losses with a monetary value such as pain and discomfort. However determining the exact amount of these damages is difficult.
Medical bills
Medical bills are a common expense that our clients in Palm Coast and Ormond beach encounter following an accident. Personal injury cases can help to pay for these expenses. However, it's important to keep records of all costs related to the injury. This includes the costs of your medical bills as well as any additional costs you incur due to your injury (such as hiring someone to mow your lawn, or buying gas to drive to and from your medical appointments).
Utilize your health insurance plan to cover medical expenses. This will help to prevent amassing huge amounts of debt resulting from medical bills. It is important to contact your insurance company and the billing office of your healthcare provider in the event that you receive a bill that you believe is not accurate. Request documentation and explain the issue in full. Include the date, time, and name of the person who spoke to you.
In some instances an insurance company might make a lien on your claim to recover the money it paid for medical services. This is a legal process known as subrogation. It is, however, possible to negotiate the amount your insurance company is able 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, the at-fault driver's auto insurance policy will cover the loss of wages. In some cases however, this might not be true and you could be required to sue the driver at fault for additional compensation.
In the majority of instances, lost wages can be calculated by adding up the days you have missed and then multiplying it by your hourly wage. Employees who are salaried can also use their annual salary and figure out the average daily earnings to calculate their lost earnings. This calculation includes any additional benefits you could have received in the event of an injury that did not occur such as overtime compensation and commissions.
It is important to remember that you must have valid proof for claiming lost wages. personal injury attorneys nyc will require a doctor's note stating your injuries and the reason why you were unable to go to work. You'll also have to provide pay stubs, bank statements and tax returns. A lawyer can assist you in compiling this information and could even collaborate with an accountant in order 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. personal injury attorneys nyc are not economic damages and include physical and emotional pain and loss of normal life. Non-economic damages are difficult to quantify, and can vary from one person to another.
Insurance companies employ a variety of methods to calculate the value of pain and suffering. The multiplier method and per diem are two of the most well-known. The multiplier method requires assigning a value of one and five depending on the severity of your injuries. A one might be bruises and scrapes, while five could be catastrophic injuries or permanent disabilities. Then you multiply your medical expenses by that number to determine your total economic damages.
The per diem method of calculating pain and suffering awards an amount of money for each day you suffered from your injuries. This method is less popular than the multiplier method.
An experienced attorney can help maximize your settlement for suffering, pain and other damages. They will present evidence to back your claim, and then submit a demand letter to the at-fault party's insurance provider. They will then negotiate an equitable settlement. If you and the other party cannot agree, then you can arrange a hearing before a judge to have an arbitrator make an decision. personal injury attorney new orleans are former lawyers and judges with extensive experience in deciding personal injury cases.
Damages
A successful personal injury claim could pay a victim both direct and indirect costs. Direct costs include medical treatment lost wages, medical expenses, and costs related to an accident. Indirect costs, also referred to as general damages, cover things like pain and suffering. General damages can be difficult to quantify and are largely subjective.
In the majority of cases, amount of a plaintiff's losses will be determined by adding up the amount of bills and income loss, then projecting future losses based on the plaintiff's expected recovery time. A lawyer will need access to medical bills and other documents to calculate future economic damages. In some cases, a specialist may be required to help estimate the future medical treatment and other expenses.
A personal injury lawsuit can also seek punitive damages from the defendant. These are intended to penalize the defendant and deter similar actions. They are designed to punish the defendant and discourage similar conduct. However, a court may only give punitive damages when the defendant's actions could be deemed to be particularly reckless or nefarious. The majority of personal injury cases don't reach this stage. If this is the case, you will require an attorney to guide you through the process and ensure that you receive the maximum amount of settlement.