Accidental injuries are not rare. A slip or fall or a car accident can leave you with huge financial, physical, and mental losses. Insurance companies consider multiple factors while evaluating a claim in every personal injury case. Although each case can be unique in many ways, some factors and laws might similarly impact the dollar value for a personal injury claim.
As such, a professional assessment of your case by The Clark Law Office can help in arriving at a fair claim estimate. Personal injury claims are directly related to “damages” involved. In certain circumstances, the defendant’s conduct might be a part of claim judgments as well.
Injury claims might result in a negotiated settlement between the parties, insurance firms, and involved attorneys. In rare scenarios, when an injury claim makes it to trial, a damages award might be ordered by a judge instead.
Compensatory Damages In Your Personal Injury Claim
Most damages in personal injury cases are classified as compensatory as they are intended to make up for a claimant’s losses due to the incident. A compensatory damages award is intended for sufficient monetary reimbursement as much as possible.
It might constitute the majority value of a personal injury claim. The economic or “special” losses within compensatory damages are comparatively easier to quantify. But it’s harder to put a monetary value for the non-economic or “general” losses. A typical claim assessment for the initial demand letter may include the following factors.
- Medical Expenses
Personal injury claims mandatorily include all medical care costs associated with an injury or accident. This is irrespective of whether you have already paid out of your pocket for the treatments or not. Any therapy or nursing care bills can be included in the calculations too. Ongoing or future medical care prescribed for complete recovery from personal injuries might also get due consideration in claim evaluation.
- Property Loss
Any damage or property loss due to an accident is taken into account for calculating injury claims. Such properties may include personal belongings like vehicles, clothes, and relevant items. Reimbursement for repair or repurchase might be calculated as per fair market values for damaged properties.
- Lost Income
Reimbursements for loss of income owing to the impact of your personal injury might also be a decisive factor. Apart from the income lost during your recovery, future income losses can also come into the picture. This may be covered under “loss of earning capacity” for an accident victim.
- Emotional Distress
Psychological impacts from serious personal injuries may include anxiety, fear, depression, or sleep loss in victims. Depending on your state of health, such damages might be considered for an appropriate claim under “pain and suffering” as well.
- Pain And Suffering
Physical discomfort associated with personal injuries can be substantial in specific cases. As such, any discomfort of that kind during and after the incident may add up for your claim as pain and suffering losses. It is a subjective law concept and might require appropriate representation for insurance adjusters and defense attorneys.
- Loss Of Enjoyment
Loss of enjoyment damages can be a part of your claim if you are unable to continue with your normal life due to the inflicted injury. Enjoying day-to-day hobbies and recreational activities if hampered may be considered for damages.
- Loss Of Consortium
Relationship differences with your spouse arising from your personal injury incident might be covered under loss of consortium. Some states provide separate provisions for child-parent relationship damages for loss of consortium as well. However, such damages might be directly awarded to the affected family rather than the victim under some conditions.
Punitive Damages For Your Personal Injury Claim
Punitive damages are associated with personal injury cases where the defendant’s conduct might be deemed outrageously careless. These may be awarded on top of the compensatory damages if found suitable.
The major objective for punitive damages might be to punish the defendant for their actions with monetary fines. Punitive damages are directly awarded to you as the victim. However, in order to regularise the portion of punitive damage awards, many states have set some type of cap on these.
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Affect Of Your Fault On Your Claim
For personal injury cases, your role in causing an accident can substantially reduce the amount of your damages claim. A court trial can lead to a diminished claim for your inactions after an injury depending on your state. Some states might reduce your claim by a ratio equating to your fault percentage for an accident. Other states might even consider denying your claim completely if you are found at fault.
With so many factors around your personal injury claim, taking up self-representation might become overwhelming. Moreover, improper calculations and weak representations may end up resulting in an underclaim for your particular losses. Perhaps hiring an experienced personal injury attorney may seem a wiser option to determine the worth of your injury claim more appropriately.
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