How to File a Personal Injury Claim

If you have suffered injuries in an accident as a result of the actions of someone else, you may be able to pursue a personal injury claim. At an absolute minimum the claims will compensate you for the future and past medical expenses.

Compensation is also available for other losses that have the potential for financial compensation, such as pain and suffering. Calculating the exact value of damages can be challenging.

Medical bills

Medical bills are among the most common expenses that our clients from Palm Coast and Ormond Beach suffer after an accident. Thankfully, personal injury cases can be used to cover these expenses. However, it is important to keep records of all the related costs. This includes the amount of your medical bill, but also any additional expenses you incur as a result of your injury (such hiring a person to mow the lawn or purchasing gas to get to and from your medical appointments).

If you have health coverage, make sure to make use of it to pay for your medical expenses. This will prevent the accumulation of huge amounts of debt resulting from medical bills. It is crucial to contact your insurance company as well as the billing office of your healthcare provider if you receive a bill that you believe is incorrect. Request documentation and explain the issue in detail. Include the date, time and the name of the person who spoke to you.

In some cases an insurance company could file a lien against your claim in order to collect the amount it paid for medical treatment. Subrogation is the legal term used to describe this process. It is possible to negotiate the amount your insurer can claim through this process.

Loss of wages

The loss of income in the event that you're injured and are unable to work be a major financial burden. In most instances, the loss of wages is covered by the auto insurance policy of the driver who was at fault. However, there are instances where this may not be the case and you could be required to sue for additional compensation.

Typically, lost wages are calculated by totaling the number of days missed and multiplying that by your hourly rate. Salaried employees can also use their annual salary and calculate the average daily earnings to calculate their lost earnings. This calculation also includes other benefits you might have received had it not been because of the Accident Injury Lawyers, like overtime pay, commissions or tips, as well as bonuses and Accident Injury Lawyers bonuses.

It is important to remember that you must have valid documentation in order to claim lost wages. This is a document from your physician describing your injuries and reasons why you were unable to work. You'll also need to provide pay stubs, bank statements and tax returns. A lawyer can assist with assembling these documents and could even work 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 are referred to as non-economic damages and can include things like emotional distress, physical pain and loss of a normal lifestyle. Non-economic losses are difficult to estimate and vary from person to person.

Insurance companies use a variety of methods to determine the value of an individual's suffering and pain. Two of the most well-known are the multiplier system and the per diem method. The multiplier method involves assigning a severity score for injuries between one and five. One might be a few scrapes and bruises while a five could mean the most severe injury or permanent disability. Multiply your medical costs by this number to calculate your economic damages.

The per diem method is used to calculate pain and suffering. It pays an amount of money each day that you were injured. This method is used less than the multiplier method.

A skilled lawyer can assist you in maximizing your compensation for pain and suffering. They will present evidence to support your claim and submit a demand letter to the at-fault party's insurance provider. They will then negotiate to reach an equitable settlement. If you and the other side are unable agree, you can schedule an appearance in court to make an arbitrator decide your settlement. Arbitrators are usually retired lawyers and judges who have extensive experience deciding personal injury cases.

Damages

A successful personal injury lawsuit can provide compensation to the victim for both direct and indirect costs. Direct costs are the cost of medical care loss of wages, as well as expenses resulting from the accident. Indirect costs (also called general damages) include things like suffering, pain, and medical care. General damages are difficult to quantify and are largely subjective.

In the majority of cases, amount of damages a plaintiff suffers will be determined by adding up bills and income loss, then projecting future losses based on the plaintiff's estimated recovery time. A lawyer will need access to many medical bills and other documents to estimate the future economic damages. In certain situations, a specialist may be required to help estimate the cost of future medical treatment and other expenses.

In addition to compensating victims for past and projected future loss, a personal injury lawsuit may also seek punitive damages from the defendant. They are designed to penalize the defendant and discourage similar conduct. A court is only able to make punitive damages available in cases where a defendant's actions are deemed to be particularly reckless or malicious. Most personal injury cases don't reach this stage. If yours does, you need an attorney to help guide the process and ensure that you're granted the maximum amount of amount of compensation for your case.