Facts to Know For Your Accident Claim
Following a car accident, premises liability accident (slip and fall) or any other type of personal accident due to the neglect of another person or entity, you have a legal right to fill out an accident claim and ask for compensation for any losses or injuries.
Personal injury cases are not criminal, but are instead civil. The liable company or person are not found ‘guilty’ or sentenced to jail for their neglect.
Instead, the accident victims are compensated by the liable party to help with recovery expenses.
This compensation comes in the form of court judgements and personal injury settlements.
Common compensatory damages include the personal and financial losses the accident victims suffer by.
The most common accidents resulting in damages are:
- Automotive Accidents
- Slips and Falls
- Medical Malpractice
- Products that are Defective
- Work Related Accidents
- Dog Bites
Different Types of Special and General Damages to Calculate
It is never easy trying to calculate the total amount of your damages or losses.
This is because some things you can’t put a price tag on since they don’t have a monetary value.
Emotional distress and pain and suffering are good examples. The amount you come up with will certainly differ from what the insurance company comes up with, therefore, it is your job to get as much as you can.
Following are some damages you could and should calculate in your accident claim.
1. Medical Specials – This is the total expenses of any medical treatment you received right after your accident, plus any projected future medical expenses.
2. Income Loss – This is the total amount of income you loss from the first day of your accident, plus all future income you projected to lose.
3. Out of Pocket Costs – This is the total amount of out of pocket costs from the day of your accident plus any expenses projected for the future.
4. Property Damage – This refers to cases involving automotive accidents and is the total cost of all repairs you had to get to your vehicle, any rental car expenses you incurred while waiting for your vehicle to get repaired, any transportation expenses and the value of a replacement if needed.
5. Emotional Distress – This is dependent on the diagnoses and prognoses of a psychologist or psychiatrist and how serious they say your emotional distress is.
6. Pain and Suffering – This is the total cost of pain and suffering you experienced from the day of your accident and any pain you will continue to experience in the future. The more pain you experience, the more you will be compensated.
This also depends on the type of injury you have and the duration. Also included are things like medication, painful surgery (present and future) and intense future convalescence.
These are obviously just some of the different types of damages to calculate. There are others.
Proving special damages usually is nothing more than providing documentation and receipts that show all costs related to the accident.
It is more difficult proving general damages since they are based on subjective methods rather than objective ones.
You can research different jury verdicts for personal injury cases in your county to come up with figures for compensation in this area.
Dealing with an accident claim on your own is not a good idea. You should seek the help of a professional personal injury solicitor.