November 10 2019 - You've been hurt and you need personal injury compensation. If you're not sure how personal injury lawsuits work, you might be confused as to whether you're due money or not.
Even if you know you're due money, you might not know how to get it or how much you should ask for. We understand that this is a traumatic time and it can be frustrating as well.
Continue reading this article and we will talk with you about what to expect with a personal injury lawsuit settlement as well as some tips on how to get the best results.
Common Types of Personal Injury Cases
Personal injury law allows the injured person to go after the offender for compensation. Whether the injury was an accident or intentional, the person that inflicted the injury or set up the circumstances so that the other person would get hurt is likely going to end up paying damages to the plaintiff.
There are different personal injury cases and here are some of the most common ones:
- Car Accident
- Slip & Fall
- Medical Malpractice
- Dog Bites
These are just a few of the common cases and you might have another type that you're dealing with. Now let's get into what you should expect when you're going after the compensation due to you.
You Have to Prove Your Case
No one is going to take your word for the fact that the other person is at fault. You have to prove your case no matter what type of personal injury claim you're filing.
Most personal injury cases require that you prove "negligence". You have to prove that the other party had a certain duty of care, they breached that duty, the cause of that breach and how much damages they caused by their actions.
The more evidence you have to support your claim, the easier it will be for you to strike a deal or to win in court. If you can establish a case that is strong enough that the defense is willing to settle outside of court, this will save both parties a lot of time and legal fees.
What Compensation Can I Expect?
If you know that you can prove your case, you may be wondering how much money you can expect from your personal injury case. There are different types of compensation you may be due when you win your case. Here are some of the things you should consider when you're making your claim.
As soon as you experience your injury, you need to go to your doctor. Not only do you need treatment but you need to start tracking your medical expenses and establishing that your injury was severe enough to warrant compensation.
Medical expense compensation usually means past, present and future compensation for medical treatment related to the injury.
If you lost any property due to the situation, you should be able to get compensation for the value of the property. You must be able to prove the fair market value for these items.
If you've lost income because of the incident, you should be able to get compensation for wages lost. Not only will you be able to get money for past wages but if your injury is going to cause you to earn less money, you may be able to get compensation for future lost earnings.
Pain & Suffering
Pain and suffering may be a little more on the difficult side to prove and many people view more information about an attorney to get help getting the maximum compensation.
Loss of Enjoyment
If you aren't able to enjoy your life as you did before the incident, you may be able to get compensation for loss of enjoyment. Not being able to pursue hobbies, exercise and other things in your life might be keeping you from living as full and happy of a life as you would have. You may be able to receive compensation for this.
These situations are emotionally taxing and even that may be eligible for compensation. Emotional distress is usually given to people that have experienced severe accidents and other types of severe situations but you should check to see if your situation might qualify.
Depending on the state where you're filing your case, emotional distress might be a part of the pain and suffering.
Loss of Consortium
This is a sensitive topic but you need to be able to talk about it if you're going to get the full compensation you deserve.
Most of the time loss of consortium means the loss of close relations with your spouse. Some states also include the loss or distancing of a relationship from a parent and a child in this category.
Depending on the case, the family member that was affected by this issue may get compensation through the plaintiff. You should speak to an attorney and ask them about this situation if you're not sure about the laws in your local area. You could be owed a large settlement just off of this one category depending on the severity of the issue.
Get the Personal Injury Compensation Owed to You
Now that you understand more about personal injury compensation, you likely are ready to get started on your case. Before you go, don't forget that we have other articles that can help you with other difficult life situations.
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