Do you intend to pursue a personal injury case? It could be you suffered a road accident, assault, or a workplace accident. From Hollywood movies, you probably presume you will receive millions of dollars in compensation. However, this is not always the case. A lot goes into determining the compensation a plaintiff can receive for a personal injury. After all, each case is unique, and the law must ensure that parties are satisfied with the settlement. So, how do you appraise a personal injury? The extract below explores the factors influencing compensation for a personal injury suit. Hopefully, it will help you decide whether your personal injury case is worth anything.
Check Whether You Qualify for Compensation
It would be unfortunate if you initiate a compensation suit, yet you do not qualify for compensation. Typically, you are eligible for compensation if you prove the other party’s negligence. For instance, a pedestrian could prove a driver’s negligence if the driver was speeding, drunk, or did not observe traffic lights. Employers and insurance companies have strict compensation regulations. For instance, you could void workplace compensation if an injury occurs when committing a crime.
Check the Expiration Time Limits
Most USA states have a time limit on personal injury suits. In most cases, these claims expire anywhere from two to four years. However, they could expire sooner, depending on your state. If you file the claim after its expiration date, the court could automatically nullify it if you do not have compelling reasons for your lateness. For instance, you might not be aware of a slow-onset ailment. The court could also allow your claim if you were medically incapacitated from when the incident occurred.
Assess the Medical Charges
Did you incur medical expenses after the accident? The negligent party or insurance firm should refund all medical costs related to the injury. Therefore, record hospital bills and the cost of medication. In some cases, you could need rehabilitation as you recover. For instance, you could need physiotherapy if you suffered a fracture or psychotherapy to treat trauma. If the injury led to a disability, you must incorporate the lifelong costs of living with the disability. Moreover, you might need further rehabilitation to gain new skills.
As a thumb rule, you should not overquote the medical charges or seek compensation for pre-existing conditions that were not caused by the accident. Remember, personal injury compensation laws aim for fairness. The other party could accuse you of fraud if you fake injury or ailment. The court could also hold you in contempt. Consult a personal injury lawyer to know what to claim.
Don’t Forget Damages and Additional Expenses
Most people forget about damages and additional expenses. For instance, you could have broken your phone or expensive watch during the incident. If you missed several working days or lost your job due to the injury, you must incorporate loss of wages when calculating compensation. Remember to include transport expenses when visiting the hospital or rehabilitation facility. You can also ask for a reimbursement of legal costs if the negligent party dismisses your claim and the issue ends in court.
Assess the Legal Charges
Legal charges are an essential element of your compensation suit. After all, you want to have some cash in hand after paying your lawyer. You must be tactful when negotiating the legal fees. The thumb rule is to consider lawyers charging a percentage of the compensated amount rather than a fixed fee. It motivates the lawyer to seek maximum compensation since it increases their payout. Moreover, negotiate for a no-win-no-fee contingency contract. The arrangement prevents you from incurring upfront legal charges or paying the lawyer if they lose the case.
What happens if the payout is much lower than you anticipated? If this happens, the contract should allow you to cap the legal charges to a specified amount. This way, you have sufficient compensation for your injuries. Some lawyers will also agree to work for free. However, you must meet specific criteria to receive pro-bono services. For example, some lawyers provide free legal aid to members of vulnerable communities or young children. You opt to forego legal services since the law does not compel you to hire a lawyer when pursuing your compensation suit. Nevertheless, you risk losing the personal injury suit since the other party’s lawyer will exploit your ignorance. For instance, they could send a cunning insurance adjuster to trick you into contradicting yourself during assessment interviews.
Appraising your injury helps determine the viability of your personal injury compensation suit. Besides medical expenses, remember to include damages and additional costs. Woodard Injury Law is your best bet at seeking compensation for a personal injury. Their experienced team conducts thorough assessments to ensure you receive fair compensation for the injury. What’s more? You do not have to worry about legal charges since the law firm has a reasonable price structure.
