How to Claim Bodily Injury from an Accident
How to Claim Bodily Injury from an Accident
Did a recent accident injure you or a loved one? You may file a personal injury lawsuit to obtain damages for bodily injury, lost earnings, and pain and suffering. A car accident attorney can handle the claim and lawsuit process for you, so hire a personal injury attorney to assist you.
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Understanding The Personal Injury Claim Process
If you suffered an injury because of someone’s negligence, state law gives you the right to obtain compensation for bodily injury and other losses from the injuries. However, to obtain bodily injury compensation, you need to prove that another party caused the accident that injured you.
Proving negligence means you must demonstrate:
- Another party had a duty of care to you: For example, all drivers have a duty of care to obey the law and not injure others in an accident.
- The other driver violated their duty of care by, for example, running a red light and slamming into you in a crosswalk.
- The breach of the duty of care caused your injuries, such as a broken arm and leg.
- You have damages from the accident, such as thousands in bodily injuries and medical bills.
Proving the other party caused the accident is easier said than done. Even if you’re sure the other driver caused the crash, getting their insurance company to agree may be challenging.
Pursuing a personal injury claim without the help of an experienced bodily injury lawyer is always challenging, especially if you don’t know the law, how to approach insurance negotiations, or court procedures. The personal injury claim process will be overseen by the attorney you hire and includes these steps:
File A Personal Injury Claim With Insurance Company
Making a personal injury claim against the defendant’s insurance company is usually the first step to receiving bodily injury compensation. This means notifying the defendant and their insurance provider that you want compensation for your injuries.
For example, suppose a driver in Los Angeles runs a stop sign and hits your car as you proceed through the intersection. You suffered bodily injuries, and your car is totaled. You will contact the liable driver’s auto insurance company and file a claim for damages.
Some accident victims may try to file a claim with the other insurance company on their own.
However, a personal injury attorney will know how to maximize your bodily injury compensation and negotiate with the insurance adjuster. You pay your attorney a portion of your insurance settlement or jury award, so they will always argue for the most payment for your losses.
Investigate The Accident And Gather Evidence
Once your personal injury lawyer files the claim, they will begin the investigation. This process involves gathering evidence about the accident and your injuries to support the claim.
Let’s say you suffered an injury in a car crash. Your attorney will attempt to prove that another driver’s negligence caused the accident and injuries.
Possible evidence to prove fault to the insurance company may include:
- Police reports that cite the driver for breaking the law.
- Eyewitness statements that say the other driver caused the crash.
- Photos and videos of the accident scene, including vehicle positions.
- Surveillance video, if available, from traffic or local business cameras.
- Physical evidence, such as tire marks and damage to vehicles.
- Accident reconstruction expert testimony that states the other party hit you.
- Your medical records and doctor’s statements outlining your bodily injuries and treatment needs.
Write And Send a Demand Letter
Next, your personal injury attorney will draft a demand letter that details what you want for your bodily injuries, lost earnings, etc.
Negotiate With The Insurance Company
Negotiating with the insurance company is one of the most important parts of the personal injury claim process. Your personal injury lawyer will negotiate with the insurance adjuster for the most compensation for your injuries. Several offers and counteroffers can pass back and forth before you settle.
The insurance company aims to pay as little as possible for your losses. Their opening offer will probably be less than you deserve, and your attorney will counter with a higher amount. Your personal injury attorney will know what your claim is worth and will continue negotiating until they get the highest offer.
If they reach a fair settlement, your lawyer will have you sign a legal agreement with the insurance company for that amount.
Most personal injury claims end with a settlement, but not always. Your personal injury lawyer may recommend a trial if the insurance company fails to offer enough.
Go To Trial
Your attorney will be prepared to take your case to court if settlement negotiations fail. They will argue the best case to the jury so you get full compensation for your losses. Only a few personal injury claims go to court. Trials are inherently risky. Your attorney will only take this step if they are confident you will win.
When your attorney leads the personal injury claim process, you can receive the most compensation for your bodily injuries. You should promptly speak to a personal injury attorney after being injured in an accident. They’ll tell you if you have a strong case and your legal options.
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Factors That Influence Your Bodily Injury Compensation
A severe injury in a car crash, slip and fall, or workplace accident can leave you in pain, unable to work, and enjoy regular life. You want as much compensation as possible. The amount you can receive for bodily injury and related losses depends on the case. Factors that influence your compensation may include:
The Severity Of Injuries
You’ll receive a higher personal injury settlement if you have severe bodily injuries. For example, perhaps you have a brain injury from a car accident. In this case, you will have more compensation for your current and future medical bills and other losses.
Medical Bills
Injury victims with more medical bills have a higher case value than someone with lower bills. For example, a spinal cord injury will mean hospitalization and surgery, as well as rehabilitation.
Your first–year medical bills alone can be hundreds of thousands of dollars. Someone with a less severe injury will have lower medical bills.
Generally, your settlement will be much higher if your injuries require extensive hospitalization, surgery, and rehabilitation.
Pain And Suffering
A severe injury with bodily injuries will cause more pain and suffering. For example, suffering burns in a severe car accident means having great pain from the injuries and treatments. You will see a higher settlement with this type of injury than if you just sprained your back and neck.
Insurance Coverage
You can have hundreds of thousands in bodily injuries and medical bills. However, you may not obtain full compensation if the liable party only has $30,000 of insurance coverage. Your personal injury attorney will understand the insurance available and lay out your legal options.
In some cases, your lawyer can find additional insurance coverage to pay for your losses. A common case is when a truck driver causes a severe accident. Their employer has at least $750,000 of liability coverage, so you can receive more in damages.
Lost Earnings And Earning Capacity
Serious bodily injuries mean you have lost earnings. You also may have lost earning capacity for years in the future if your injury causes a temporary or permanent disability.
For example, you might have been paralyzed in a slip and fall accident. You probably cannot work anymore so you can receive compensation for lost earning capacity for the rest of your life.
Age And Health
A younger person in good health may receive more compensation for their losses. This is because they have more years and work ahead of them. They might recover more than someone who is retired and not working. Their lifespan and future earning power are less than those of a younger person.
Effects On Quality Of Life
A severe bodily injury will significantly impact your quality of life. With a paralysis injury, you may be unable to work, enjoy hobbies, care for yourself, walk and exercise, and much more. You will receive a higher settlement than if you broke your arm and collarbone in the accident.
How A Personal Injury Attorney Calculates Your Damages
State and federal law doesn’t provide a specific way to determine the amount you deserve for bodily injury and other losses. Instead, your damages are based on a combination of medical bills and lost earnings, as well as pain, suffering, and mental anguish.
When determining your case settlement value, attorneys and insurance companies may use various mathematical formulas to estimate the value of your bodily injuries. This will determine the starting point for settlement negotiations.
Special Damages
Special damages are relatively simple to calculate and include property damage, lost earnings, and other out-of-pocket costs related to the injury.
You also can receive compensation for lost future earnings if you cannot advance in your career or need to take a lower position with less responsibility. You should receive full compensation for all expenses you incur, so keep a record of all expenditures.
Medical Damages
You also should receive full compensation for your medical bills for your bodily injury. This type of damage includes bills for the ambulance, ER, hospitalization, surgery, X-rays, medications, etc.
When your personal injury attorney determines the amount of medical damages for insurance negotiations, they may use the amount billed, even if they were covered by insurance. Or, the medical provider and the insurance company may have agreed on a lower amount.
Usually, it makes sense for your lawyer to negotiate based on the billed amounts for your medical care.
General Damages
The last part of damages your attorney will consider are general damages, also called pain and suffering. These damages compensate you for the pain, discomfort, mental anxiety, and anguish that you suffered. For most cases, no law states how much you can receive in a personal injury claim.
Instead, the amount of general damages will depend on many things, such as the severity of injury, the pain you have, how long your recovery is, and the degree of disruption to your life. These factors are subjective, and there is apt to be disagreement between your attorney and the insurance company.
Many personal injury attorneys and insurance adjusters use a multiplier system to start negotiations. This involves multiplying your medical special damages by a number. The worse your injuries and expenses, the higher that number.
What If The Case Goes To Trial?
Generally, personal injury claims end with a settlement between your attorney and the insurance company based on the information above.
It might seem straightforward to arrive at a fair settlement amount, but it isn’t. It gets even more complex if the case goes to trial and a jury gets involved. The jury will decide if you should receive compensation or not.
Jury trials are risky. They might be swayed by many factors, such as the quality of your expert witness, how much they like you, and the accident’s severity. These factors can sway a jury and can lead to significant swings in the compensation awarded.
An experienced personal injury attorney who takes a case to trial will probably look at what past juries have decided in similar accident cases. Attorneys can access various settlement guides and resources to check what recent juries have decided on personal injury claims in your area.
Talk To A Personal Injury Attorney Today
Were you injured recently by another person? Speak to a personal injury attorney immediately. You can receive compensation in a personal injury claim or lawsuit for medical bills and other losses. Contact a personal injury lawyer in your area today for a free consultation.