In this article, we will explain about personal injury and bodily injury issues. As far as a personal injury case is concerned, if a person is injured in an accident, he could be physically, mentally or emotionally affected. Whereas, a bodily injury case deals with only physical injuries, not specifically related to accidents.
What is involved in these settlements
In this article, we will include details about the factors that influence personal injury settlements.
A person should present a valid claim for compensation against a personal injury. However, providing justification for such a claim does not guarantee any compensation.
Remember that insurance companies play a vital role in helping you get compensation for your personal injury claim. You must have insurance policy coverage to make your case stronger. A person can get injured due to negligence. Or there may be an event of medical malpractice that may lead the victim to suffer. All insurance companies tend to train their employees to make adjustments in claim and pay-out as little as possible to a claimant.
Almost all personal injury settlements are taken care of by insurance companies either in the court or out of the court.
How to calculate an amount that properly covers an injury suffered?
An injury claim is calculable. You can add up the cost of the damages. These damages can be tangible, intangible, or both.
The injury that causes damages can include
- Physical pain, suffering and immobilization
- Mental and emotional stress, trauma and anguish
- The cost of past, present, and perhaps future medical expenses
- Loss of job, wages, bonuses and vacations
- Repair or replacement or both of damaged items or property/properties
- Burial expenses if there are any fatalities
Insurance companies tend to check the costs on the basis of two criteria, i.e., costs for special damages and costs for general damages in all personal injury settlements
Special damages are also referred to as hard costs. These are tangible, measurable costs, like medical bills, medical equipment required like crutches or prosthesis, losing wages due to being bed-ridden or admitted in hospital with broken legs.
Sometimes out-of-pocket expenses paid by a victim might be covered under special damages too. But usually, bills, invoices, receipts and wage statements are presented as solid proof to ensure that a victim is compensated.
These are additional payments made to a victim if he suffers from pain, mental and emotional disturbance, or anguish. These costs can’t be measured.
Where you have to be careful in calculations
You have to present all your receipts, and medical bills with the expenses for the prescribed medications. Make sure you have all the records related to expenses you have incurred. Without a solid proof, the insurance company will pay you less than you deserve. And there is a big chance you will only get paid for tangible damages.
Getting compensation for general damages is much more difficult. You will have to prove the validation of your suffering. You must back up your claim with medical records showing that the medications provided were to alleviate bodily pains and suffering. Another way is to get other people with similar experiences to vouch for your suffering.
To get compensation against a personal injury claim, you must describe your suffering in clear, simple words that will influence the claim adjuster who represents the insurance company. Tell him/her the problems you have been facing since the injury. Express your fears of losing your job or that maybe you will never be able to perform the way you used to at your job.
Be objective and realistic in your claim for the right amount
Do not undervalue your claim, but do not overestimate how much you deserve either. Just because someone else got so much amount does not necessarily mean you too deserve the same amount in compensation.
You will have to fight for the right amount of compensation you truly deserve. Have all the important documents ready, clearly mentioning how the injury has affected your body, appearance and time lost in recovery. Everything has to be explained with absolute clarity that anyone feels your pain.
Other factors that can have a bearing on the amount you will receive
The severity of your injury is also taken into account before awarding a compensation against your personal injury claim. The more severe the injury, the higher the compensation.
But this is not always the case. There are other factors that are important to be considered before you get your deserved settlement amount.
Consider these questions:
- Who was at fault? You will have to prove the defendant was at-fault without a shadow of a doubt
- The location where the accident occurred. The adjuster will pay more out of court, in an area where local juries favor victims of specific injuries. For example, where car accidents occur frequently, and people are averse to such careless drivers, then you have a better chance of getting a good compensation.
- Doctors prescribing more than the required medication and treatment might lead to you paying more money. Insurance companies usually never pay all the medical bills for the treatments you receive. They will compensate only a reasonable amount of medication and treatment expenses.
We have only covered the most important aspects of personal injury settlement claims. Victims never directly deal with the offender and the court is influenced by insurance companies. You must prepare yourself well to get the deserved amount against your personal injury claim.
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