Can I Expect Compensation for My Injuries?
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Accidents happen every day and for so many reasons. Whether you are driving your car on the road, you are a pedestrian on the sidewalk, or you are enjoying a casual trip to the mall, an accident could occur at any point.
Sometimes, these accidents are not our fault. You may be driving on the road, sober and within the speed limit, obeying all traffic signs, only for a car to run into yours from the side. You may also be pushing your cart at the mall, just for you to trip on some wires and fall. But whether the accident was your fault or not, you would be left with injuries, which could range from minor to severe, along with other damages, such as for your damaged car, as well as the discomfort and limitations that come with injuries.
Under the law of the USA, such types of accidents are referred to as personal injury, because they were caused by the actions or negligence of another party, and you are also entitled, by law, to file a personal injury claim against the other party for compensation due to the injuries and damages suffered.
Before you do that, you have to understand your chances of receiving compensation, what the compensation covers, and the best way to file your personal injury claims, all of which would be reviewed in this article.
Why would someone be compensated for getting injured?
First, you must understand the reason why compensation is awarded before proceeding with your claims. Compensation is not “free money” as some people often confuse it to be. It is money meant to cover injuries and damages caused by the accident.
For example, if you were involved in a car accident, you would have to check into a hospital for treatment before anything else. Depending on the impact of the collision, your injuries may be quite severe and may even require surgery. You would have to sort your medical bills yourself and all of these don’t come cheap. If surgery was done, then you can already guess how high you would be paying.
Imagine just how annoying it seems for you to drive responsibly but still get into a collision accident because of a drunk driver, then having to pay a huge medical bill. Coupled with that is the fact that you would also miss work as you take time to recover, which means you also lose wages as well. Not to forget the discomfort and pain the accident must have caused you.
It is for these reasons that you are entitled to compensation, at least, to make up for the money you must have spent treating yourself and money lost from being away from work.
The amount paid as compensation is used to make up for monetary damages and injuries caused by the accident. So, it is a means to replenish your pockets and you have every right to it.
What Might Compensation Cover?
Like we have noted above, compensation is supposed to cover damages or injuries caused by the accident. Using the example above, assume the accident resulted in a dislocated shoulder and you paid for that yourself, part of the compensation would include the cost of treating the shoulder. If, however, you tripped in your yard a day before the accident and broke a few ribs which were treated together with injuries sustained from the accident, you would not be compensated for that.
Compensation only covers injuries that were a result of the accident, as well as other damages, including lost wages. The same way also, compensation would not cover any wages you may have lost even a day before the accident. If someone in your car died as a result of the accident, also known as wrongful death, that is also compensated for.
How Do You Get Your Compensation?
The best way to receive your compensation is by filing a personal injury claim against the at-fault party or their insurance company. But it is not enough to file claims, you also have to prove that they were at fault, which may be hard to do by yourself. That is why you need a lawyer versed in cases involving personal injury, like someone from CGG Law Firm, who can assist you with filing your claims and making the case that the other party is at fault.
Besides that, you would also have to present some documents with your claims for the other party to understand how much they owe you and what the compensation covers. Part of what you need might include the following;
Medical Report
A doctor’s report would provide a comprehensive insight to the injuries you sustained from the accident as well as how long it would take to recover from. You may also include receipts and other proof of payments to show how much you paid for treatment. This would allow the other party to look into your claims with much interest.
Employer’s Report
You also have to present a report from your employer that would spell out how much you are being owed all the days you missed work.
Calculating Your Compensation
This is something that is not always easy to do and people end up asking for less than what they should receive. When calculating your compensation, many things are considered, including money spent on treatment and lost wages. While that may be easy to arrive at, they are not the only things you should calculate. Discomfort caused by the accident, pain, and other inconveniences are also factored in. if the accident has also left you disabled, you would also add lost earning potentials to include money you may have been paid in the future had you not been involved in the accident. Trying to reach the correct figures by yourself may be difficult, meaning you require legal assistance.
Negotiating Your Settlement
Most times, the insurance company of the other party may try to offer you something very short of what you had proposed. They often do this because they usually have a set limit for the amount they can payout. While you may be hasty to accept this, especially when you are in great need of money, you can negotiate with them to offer you more. It is always best to leave the negotiation up to your attorney so that you can receive the maximum possible payout.
Hiring a law firm to help you with your claims increases your chances of getting your compensation because they would ensure that your rights are protected and would also meet up with the other party on your behalf to assist you with the negotiation process and also represent you in court if the case ends up there.
