The anguish experienced due to personal injury can have a long-lasting and devastating effect. Recuperating from physical injuries and pain is just the tip of the iceberg. Loss of wages due to missed work, rehabilitation, disruption of daily life, loss of private property, worry and stress weigh down heavily on injured party.
So, while quantifying the amount for personal injury compensation, one should consider all the above-mentioned factors.
From the past few years, the insurance companies have been settling the claims for a smaller and smaller amount. Today, these companies have procedures and policies that restrict the amount that they pay out.
Personal Injury ‘Damages’
Damages are the intangible and tangible losses an individual sustains due to an injury. This includes:
+ Mental anguish and emotional distress+ Physical suffering and pain+ Vacation days, bonuses and lost wages+ Replacement or repair of damaged property+ Cost of the medical treatment.
Assessment of the Case
In order to recover maximum compensation possible, you need to be realistic about the claim and the settlement potential. However, this does not mean that you need to settle the claim for fewer amounts than it is actually worth. No two injuries are alike, so try communicating your damages firmly and clearly.
The insurance companies find out the length of the recovery time, in order to determine the gravity of the injury. This helps them determine if the injuries affected you only for a few days or months. According to the insurance companies, the longer the time taken to recover, the more serious the injury is. If the injuries appear serious, then the settlement amount is also higher.
So, you need to document the time that you took to recover with the help of doctor’s medical reports. If the medical report shows that you visited the physician several times, then it can improve the chances of getting good settlement.
Physical and Emotional Pain
In order to increase the settlement amount, you could depict how you were affected by the incident. Simply saying the type of injuries you had will not show your discomfort or pain that you are experiencing. So, it is helpful when you document emotional and physical impact of the injuries.
A few injuries could have permanent or long term impact on life. Such injuries include permanent disabilities, broken bones, lost limbs, scarring etc. These injuries can impact your day-to-day life, so you can claim higher settlement amounts for such injuries.
When to Hire a Lawyer
Regardless of the seriousness of the injuries, you must consult an experienced attorney, who deals with personal injury cases. Many of them offer free initial consultation. As there are many things at stake in cases of a serious injury claim, it is not in your best interest to represent yourself.
Legal representation of your case will greatly increase the likelihood of getting the settlement that you actually deserve. The best thing you could do is to hire a personal injury lawyer from the outset.
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