Every day, there are many people injured in accidents where someone else is at fault for their injuries. However, it can be difficult to understand how personal injury claims are calculated without help from an attorney. Not only do lawyers understand the laws of your state regarding personal injury cases, but they will work to ensure that you receive all of the compensation you deserve.
If you have been in an accident and another party is at fault for your injuries, then it is important that you understand how personal injury claims are calculated so you can make sure you receive all of the compensation to which you are entitled.
What Do You Need to Know About Personal Injury Claims?
There are a few things that those filing a personal injury claim need to understand. The first is the difference between an economic and non-economic loss claim. Economic damages are those that can be easily quantified, such as medical bills and lost wages. Non-economic damages are more difficult to quantify, such as pain and suffering or emotional distress
The second thing that you should know about personal injury claims is how the laws work in your state. Each state will have its own set of rules that you must follow when filing a claim or lawsuit related to personal injuries. For example, most states require that every individual has the right to be compensated for their injuries if they were deemed to be someone else’s fault. When this is the case, the individual filing the claim is able to receive compensation for their economic and non-economic losses.
Another thing that people need to know about personal injury claims is how each state has a standard of care laws. These laws will determine if you can file a personal injury lawsuit against someone after an accident on the basis of the standard of care they provided. For example, if you are going through a crosswalk and get hit by a car that did not stop at the crosswalk where they were supposed to, then their breach of the standard of care would be having failed to stop for pedestrians.
What Is the Procedure for Calculating Personal Injury Claims?
In order to file a personal injury claim, you will have to provide your insurance company with reasonable notice regarding what happened. You will also have to fill out the proper forms and file them with the relevant courts in your area. If you are not able to do this on your own, you should consider hiring an attorney who specializes in personal injury cases. They will be able to walk you through each step of the process while ensuring that you receive everything that is coming to you.
The steps of calculating a personal injury claim can be summed up into the following:
1. Gather all information related to the accident and injuries sustained:
This includes medical bills, doctor’s reports, lost wages (if applicable), and any other evidence that you might have.
2. Estimate the economic damages that have been suffered:
It’s important to calculate economic damages as accurately as possible. This would include quantifying all of the expenses you have faced due to your injuries: medical expenses, lost wages, and any other quantifiable costs related to the injury. To do this, you’ll need to gather all available documentation related to the accident and injury.
3. Quantify the non-economic damages that have been suffered:
This is more of an estimation process since it’s difficult to determine the full extent of pain, suffering, emotional distress, etc. There are a number of methods that can be used to try and calculate these damages. The most common way is through general compensation multipliers or tables that have been developed by state laws on personal injury. You can also ask a court clerk or personal injury attorney to assist you with the calculation of non-economic damages.
4. Calculate any punitive damages that may be available:
Depending on the state you live in, you may be able to file a claim for punitive damages. This is where you would sue for compensation that does not stem from your injuries or accident, but rather as a punishment for the negligent party and as a deterrence against future acts of negligence.
5. File a personal injury claim or lawsuit:
Once you have accumulated all of the necessary information, it’s time to begin filing your claim or lawsuit against those responsible for your injuries
6. Follow through with the case, making sure that it is being handled correctly and that you are being compensated to the fullest extent of the law for your injuries:
This is one of the most important steps because it ensures that your case will be handled correctly and you will receive what you are entitled to. If you hire an attorney, then they can help make sure this happens for you; if not, then consider checking with state bar associations to find out if there has been any disciplinary action taken against your attorney(s).
Personal injury claims are an important tool for those who have been injured in accidents. Understanding how personal injury claims are calculated is essential to ensure that you get the compensation you deserve while following through with your case correctly.