When someone is injured in an accident due to negligent behavior, they may turn to the legal system to recover compensation for accident-related expenses. Damage claims in a Personal Injury lawsuit can cover many different items, including work loss, but bodily injury and medical care expenses are often the main focus of this effort to find justice.
Personal Injury Claims
A person who is injured in an accident may decide to file a Personal Injury lawsuit to obtain fair compensation for their injury-related expenses and bodily injury claims. Economic costs are more easily understood, because there will be a financial impact in the form of invoices for care. Non-economic damages are often difficult to demonstrate, because many elements are subjective rather than demonstrative. In this category would be included items like psychological harm, mental stress, anxiety, fear and loss of normal lifestyle enjoyment.
Lawsuit Claims for Bodily Injury – FAQ
Being injured because someone else or a company was negligent can cause the victim great financial expense in addition to bodily injury, pain and suffering. An experienced Personal Injury Attorney will build a strong case based on evidence and other materials like medical bills as part of your lawsuit.
You may have many questions about this process; here are some of the most frequently asked questions about Bodily Injury claims:
What Should I Do First?
At the accident scene, make sure everyone gets needed medical attention. Obtain all possible information you may need, such as eye-witness names, contact data and their input. Take photos if possible at the scene, before anything is moved. The police will be there quickly; they also will make an accident report. Get medical care that you need. Contact employers, insurance companies, relatives and others who may need to know about this situation promptly. Then, call your Personal Injury Attorney. If you do not already have one, ask friends, family or coworkers for a recommendation, or call the local Bar Association and get a referral.
When Should I File a Lawsuit?
Your Attorney will advise you about filing a lawsuit. You should first consult with an experienced Personal Injury Attorney and tell them the details of the accident, your injuries and any related damages you had because of that accident. In most cases, you should file immediately, so you do not miss any time limit deadlines (Statute of Limitations).
What Expenses Can Be Claimed?
You may be able to claim compensation for accident-related economic claims, such as medical care expenses, recovery and rehabilitation, future medical costs or therapy, pharmaceutical costs, dental care, nursing or home care. Other economic claims can be made for work loss, job retraining, disability (temporary or permanent), lost inheritance, funeral/burial costs and some property damage (vehicle repair). You also can submit claims for non-economic claims. These include intangibles like pain and suffering, psychological or mental treatment needs, loss of consortium, loss of guardianship, fear, anger or anxiety. Your list of claims will be dependent upon your individual circumstances and your unique accident event.
What Documents Do I Need?
Get copies of all the accident-related documents like police reports, witness information and photos. You will need medical expense invoices and estimates of future medical needs, recovery expenses and any expected future recovery services financial costs. Pay stubs and items you will be missing or losing from work should be included. Your attorney may get reports also from expert witnesses who can calculate future expenses.
What is Negligence?
Negligent behavior occurs when someone or a company does not perform up to a standard duty of care. If a driver disobeys traffic laws and causes an accident, it is negligent behavior. Failure to be careful to prevent a foreseeable accident is negligence. Allowing design or production of a defective product is negligence.
How Does Liability or Fault Affect My Claims?
Fault determines liability for an accident. Whoever is liable will be responsible for compensation for claims approved. Liability can be shared among several parties, including the plaintiff.
What Medical Costs Are Recoverable?
Necessary medical costs for patient treatment are recoverable costs. Extra services that are not required for treatment would not be reasonable. Emergency care, hospital/doctor/nurse/dentist and other medical care charges to treat the injuries are usually considered reasonable costs you can claim.
What Part Do Insurance Companies Pay?
Insurance companies do have coverage limits, up to which they should pay. Some states have caps on awards. If there is shared liability, they may only pay a portion of the total. If you were at fault, they may not want to pay anything.
Will My Case Go To Court?
Most Personal Injury Lawsuits are settled before the case goes into a courtroom. This is cost-efficient and most settlement offers are sufficient. If not, the case moves into court to be heard by a judge and jury. A jury may also award punitive damages in certain cases; these fines can be extremely high, in the millions for some cases.
Is Lawsuit Compensation/Settlement Taxable?
If punitive damages are levied, those are taxable as regular income. Normal accident compensation for physical injuries is not usually taxable.
Personal Injury Attorney
Making that important visit to an experienced Personal Injury Attorney can improve your ability to obtain compensation for your Bodily Injury Claims. When you have an experienced Personal Injury Attorney on your side, this process can be more cost-efficient and time-saving than if you try to do all this by yourself. The lawyer understands the lawsuit process, what evidence is needed to prove your claims and how to obtain an excellent outcome for you. Fees are usually on a contingent basis, so you only pay if and when you win your case. Most Personal Injury lawsuits are settled out-of-court in negotiation meetings with an acceptable settlement. This works out well for both parties, but if an agreement cannot be achieved, your attorney will take your case to litigation in court.
Do not delay in getting professional legal advice and representation. All states have a Statute of Limitations for filing Personal Injury lawsuit claims. If you miss a deadline, you will not be able to pursue your claims. Call our experienced Personal Injury Attorney today for a free consultation. An accident can disrupt your finances and your future; get the help you need now.