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How to File a Personal Injury Claim

You could be eligible to submit a claim for personal injury in the event that you were injured in an accident because of the actions of someone else. At at a minimum they can reimburse you for your future and past medical expenses.

Compensation is available for other losses with some value in terms of money, like discomfort and pain. Calculating the exact value of damages can be difficult.

Medical bills

Medical bills are among the most common expenses that our clients from Palm Coast and Ormond Beach encounter following an accident. Fortunately, personal injury cases can be used to pay these expenses. It is important to keep an eye on all expenses. This includes not only the cost of your medical bill, but also any extra expenses that result from of your injuries (like hiring someone to mow your lawn or purchase gas to transport you to and from medical appointments).

Utilize your health insurance plan to pay for medical expenses. This will stop you from the accumulation of huge amounts of debt resulting from medical bills. If you do receive a medical invoice that you feel is incorrect It’s recommended to contact the billing department of the healthcare provider you are using and also your insurance company. You should request documentation and describe the issue in full. Include the date, time and name of the person who talked to you.

In certain situations, an insurance company may file a lien against your claim to recover the amount paid for medical expenses. This is a legal process known as subrogation. It is possible to negotiate the amount your insurer can claim through this process.

Loss of wages

The loss of income if you suffer an injury and are unable to go to work can be a major financial burden. In most cases, the at-fault driver’s insurance policy will cover lost wages. However, there are instances when this may not be the case, and you may have to sue for additional compensation.

Typically, lost wages are calculated using the number of days missed and multiplying that by your hourly rate. Salary employees can also calculate their lost earnings by using their annual salary. This calculation includes other benefits you might have received if not due to the accident, like commissions, overtime pay or tips, as well as bonuses and bonuses.

You must have a valid document to claim the lost wages. This could include a letter from your doctor describing your injuries and why you were unable to work. You’ll need to provide bank statements along with tax returns and pay stubs. A lawyer can assist in compiling these documents, and may even work with an accountant to determine the fair market value of your lost wages.

Pain and suffering

In addition to paying expenses such as medical bills and lost wages, personal injury cases also award compensation for suffering and pain. These are not economic damages and comprise emotional distress, physical pain and loss of a normal life. Non-economic damages can be difficult to calculate, and they may differ between individuals.

Insurance companies have different methods to determine the amount of the suffering and pain of a person. Two of the most popular are the multiplier system and the per diem method. The multiplier method is based on assigning a value between one and five depending on the severity of your injuries. One could be bruises or scrapes, and five would be catastrophic injuries or permanent disabilities. Multiply your medical costs by this number to calculate your total economic losses.

The per diem method is used to determine the amount of pain and suffering. It awards a dollar amount each day you were injured. This method is less used than the multiplier method.


An experienced lawyer can assist you to maximize your compensation for pain, suffering and other damages. They will present a claim to the insurance company of the party at fault and provide evidence to support your claim. Then they will discuss a fair settlement. If you and the other party are unable to reach a consensus, then you may request a court hearing to have an arbitrator make an decision. Arbitrators are usually retired lawyers and judges who have extensive experience deciding personal injury cases.

Damages

A successful personal injury claim could provide compensation to the victim for both direct and indirect costs. Direct costs are the cost of medical care loss of wages, as well as costs related to the accident. Indirect costs, also known as general damages, include things like suffering and pain. General damages can be difficult to quantify, and are very subjective.

In most cases, the amount of a plaintiff’s losses will be determined by adding up bills and income loss and then estimating future losses based on the plaintiff’s anticipated recovery time. Lawyers will require access to numerous medical bills and other documents to determine future economic damages. In some instances an expert may be needed to assist in estimating the cost of future medical treatment and other expenses.

In addition to compensating victims for past and projected future damages, a personal injury lawsuit may also seek punitive damages from the defendant. personal injury lawyer attorney are meant to punish the defendant and deter similar behavior. A court is only able to give punitive damages in instances where the conduct of a defendant is considered to be reckless or malicious. Most personal injury cases don’t make it to this stage. If this is the case, you’ll need an attorney to guide you through the process and ensure you receive the maximum amount of compensation.