Are you an accident victim who’s been involved in a car accident that resulted in injuries? Are you wondering what impact your residential state laws may have on your insurance claim? This is a trying time in your life and you deserve to understand how you should be compensated for your injuries caused by another’s negligence.
Personal injury lawsuits often stem from unlawful and careless behavior, such as driving under the influence, speeding, and driving while texting. All come with serious repercussions. Each motorist owes other road users the duty of being cautious; failure to this results in the violation of the laws against negligence.
Apart from traffic accidents, there are several types of common personal injury accidents that may occur, including occupational accidents, physical injuries suffered on public grounds, food poisoning, and more. In case of any of the above incidents, injury victims often have the right to seek compensation from the at-fault party.
First, consider hiring a personal injury lawyer to help you throughout the process. Thanks to the adoption of legal local SEO by most legal representatives in promoting online presence, finding an attorney within your region should be easy.
Which Principles Are Applied When Calculating the Worth of a Personal Injury Claim?
Compensation after an accident is intended to return the victim to the same state they were in before the accident. From injuries to financial losses, the two types of methods that determine the value of a personal injury claim include general damages and special damages.
1. General Damages
General speaking, the greater the injury and pain suffered from your accident, the greater the compensation. However, the amount paid for suffering is not always as high as many expect. The plaintiff is required to provide proof of suffering through medical reports and often requests official testimony from a medical expert.
Due to recent development in law formulations, the calculation of compensation for pain and suffering has been made possible using these two methods: Case law and JSB Guidelines.
- Case Law: This is where an attorney looks at the level of compensation from other cases with close similarity to a particular case in order to determine the potential amount of compensation.
- JSB Guidelines: These are online calculators that approximate the amount of compensation victims should receive. These engines are often useful in determining the most suitable possible amount of compensation.
2. Special Damages
When it comes to financial losses, calculating compensation is usually complicated. A solicitor is required to analyze to come up with proper documentation for a victim’s cost of financial losses.
For instance, when a victim suffers a minor injury and is unable to work because of it, the wrongdoer is required to pay for lost wages. However, if the victim refuses to go back to work even though they are capable, they can no longer continue to receive payment.
The limitation statutes for filing a lawsuit vary from state to state. In most states, it doesn’t exceed two years. This time frame starts from the day of the accident in most cases.
Make the Most Out of It
The first step to take before filing a case on personal injury is to consult a personal injury lawyer. An attorney can advise you on the proper litigations to take and help you get the settlement you deserve after suffering an accident. Be it involvement in a motorcycle accident or issues of claim denial by your insurer, a good personal injury attorney is your best chance at getting through any kind of legal hardship with additional stress and financial concerns.