Injuries from another individual’s negligence call for the need for compensation although you will have to file for a personal injury case first. Scenarios such as injuries from car accidents, medical malpractice, assault, or slip and fall are grounds to raise a personal injury claim. With the right knowledge and a top personal injury lawyer, the victim will receive the best outcome of the case. Therefore, it is best to not only identify but also understand what you should benefit as highlighted below.
Understanding Compensation Types Â
Under normal circumstances, insurance companies aim to maximize their profits and will therefore, avoid paying what you deserve. Many individuals in personal injury cases know that they can claim financial benefits but what they do not seem to know is the different types of compensation they can seek to ensure fair and just compensation.Â
Types of Personal Injury Claim Compensation
It is crucial to know the different forms of loss to better understand the compensation you deserve in a personal injury claim. The key objective of awarding injuries is to compensate the victim for their loss with the goal of restoring his or her life as much as possible to before the unfortunate incident. There are two major types of compensation which include:Â
Economic Damages
Economic compensation refers to receiving settlement that is calculable which means that the losses have a monetary value attached. The costs to this harm can be documented and verified. The common examples of these damages arise from:Â
• Medical expensesÂ
Medically related costs are expenses that arise from treatment of the injuries and can therefore be documented right from the emergency services to complete recovery. Factors such as physical and rehabilitation therapy costs are also inclusive. Victims can therefore, recover without the strain of financial burdens.
•Property damageÂ
In the event property was destroyed during the accident, you may receive reimbursement to cater for the repairs or enough to replace the property in question. For example, when an individual is involved in a car accident, not only can he or she file a claim for his or her injuries but they can also file a claim for the recovery of their car.Â
• Lost wages
If your injuries cause you to stay away from work or that you were demoted because your injuries could not accommodate your current position at work, you are bound to receive compensation. For example, after an accident, you may be forced to use a wheelchair for some time. If you worked as a miner, reporting to work will not be possible for the time being until recovery thus resulting in lost wages.Â
• Funeral costs
While money cannot bring back life, the reimbursement can cover funeral costs to help provide relief to the grieving after wrongful death.Â
Non-economicÂ
Recovery for loss that is not directly linked to a financial value is referred to as non-economic damage compensation. The harm caused can be identified with the help of a third party such as a doctor, psychiatrist, or a counselor because they can determine the level of pain.Â
Some examples that call for non-economic reimbursement include:Â
• Pain and sufferingÂ
Pain and suffering refers to the emotional anguish and discomfort that arises from your injuries. Some individuals are lucky having survived a crash without physical or visible injuries. To claim pain and suffering, you must have sustained physical injuries.
• Loss of enjoyment of lifeÂ
Loss of enjoyment is caused from the inability to participate in activities that cause you joy such as hobbies and recreational activities. Recovery for these damages is inclusive.Â
• Emotional distressÂ
This non-economic factor covers the psychological effects caused by injuries such as depression and anxiety. The effects can raise more medical expenses such as medication for depression. It is therefore, important to ensure all factors are put into consideration. Â
• Loss of consortiumÂ
 A spouse or family can receive this reimbursement for the loss or lack of moral support (companionship, affection) from a loved one. This claim is independent of other injuries incurred and the spouse must have been legally married when the accident occurred. This claim will always apply in cases of wrongful death.Â
N/B: There is a limitation for non-economic injuries as provided by the law. Currently, the cap is placed at $729,790. However, if your attorney can prove that you deserve more, then there is a reason to increase the amount.Â
Punitive DamagesÂ
In the event a defendant acted with malice or fraud, the court may award punitive damages. Punitive damages serve as a penalty against the fraudster to prevent future misconduct. It is not ideally awarded to further compensate for the victims loss.Â
Claim when Filing a Personal Injury Case – Practical AdviceÂ
- To help determine the type of claim, always seek the services of a personal injury attorney to ensure you receive fair and just compensation.Â
- Depending on the circumstance of the harm, you can be liable to receive all the different types of compensation.Â
- The reimbursement amount is dependent on the injury intensity and the incurred loss. Your attorney will help you to calculate a fair remuneration plan.Â
Frequently Asked QuestionsÂ
Q: That my husband could not work for a period of 6months after an accident, should we receive compensation to cover the provided period?Â
A: The simple answer is yes. Both economic and non-economic damages call for reimbursement that should cover future impacts. If the estimated time he cannot work is 6months, the court will grant reimbursement for loss of wages as long as you provide evidence from a specialist that the inability to work was from the accident.Â
Q: What type of compensation should we go for to cover all medical expenses?Â
A: One of the most crucial sought out point of recovery is that of medical expenses. Considering that you can put out an exact figure for treatment, the economic reimbursement will deliver on this problem. Simply document all expenses and retain proof of the medical treatment and a report from a doctor. You should be able to recover all medical current and future bills if any. Â
Q: Due to the emergency situation after an accident I had, I had to pay for some medical bills before my personal injury case was filed. Am I liable to receiving compensation for that amount as well? Or am I going to receive funding for expenses that arose after filing the case?Â
A: First, it is important to file your personal injury case as soon as after the incident. Good news is that you can receive remuneration for the initial amount. The reimbursement provided is keen to cover the situation that changed from the unfortunate incident.Â
Q: What factors are considered under non-economic damages? Â
A: The basic factors that are put into consideration for non-economic damages include pain and suffering, emotional instability (anxiety, PTSD, depression, mental anguish), as well as loss of enjoyment. The key objective of reimbursement is to try to bring back your life as much as possible to where you were before the unfortunate incident.Â
Q: How do you determine or calculate non-economic damages?Â
A: It is easy to calculate economic damages because they leave a trail of bills and receipts. However, for non-economic damages, it is not as simplified. They will use the multiplier method or the daily rate method to calculate the damages.Â
Q: How do you know the worth of your claim?Â
A: To know the worth of your personal injury claim, you, with the help of your lawyer will have to identify the type and value of the damages. Keep in mind that you will be including physical, mental, psychological as well as monetary concerns to ensure maximum compensation. Also, your attorney has to take into account any possible limitations such as insurance policy limit and how bad the injuries are. These are the key factors that must be put into place to determine the worth of your claim. There is no one size fits all when claiming a personal injury case.Â
ConclusionÂ
Many individuals know that they stand to benefit from personal injury claims but they are not sure on how to go about it. Therefore, it is important to seek the services of a reliable, reputable and professional attorney to ensure fair and just compensation to cover all types of damages. Many may argue that an attorney comes with a fee but it is crucial to understand that a lawyer is key to ensure maximum compensation. Â
ReferencesÂ
 Awing N., et al., (2017). Journal of Fundamental and Applied Sciences: An Analysis on Compensation of Claims Regarding to Personal Injury and Loss of Earning on Several Court Cases. https://www.ajol.info/index.php/jfas/article/view/165705Â
Ferrari R & Klar L. (2014). European Journal of Rheumatology: On Matters of Causation in Personal Injury Cases- Considerations in Forensic Examination. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5042245/