The term “personal injury” is very extensive as it can relate to a wide variety of accidents. From slip and fall which is a minor incident to car accidents which can cause severe damages, personal injuries and the compensations related to them will be treated very carefully. However, the most common question after suffering a personal injury is where to start from? The answer is never an easy one because it depends on the damages. If you have suffered an injury which requires hospitalization, then this is the first step. If no hospitalization is needed, then a complaint is the first step. From there on, the procedures will be pretty much the same and will have as a final goal obtaining compensation for the injury or injuries suffered.
One of the steps you might stumble upon when seeking compensation is the calculation of the amount of money you can receive. So, what to look for when calculating the personal injury compensation?
Let’s take a look below:
- Collect the evidence
The first step to get a fair compensation for a personal injury is to have all the facts straight. This implies collecting all the evidence which can sustain your case, even the least important one. If you don’t know where to start from, here’s a list of what could help you:
- medical bills;
- testimonies of witnesses;
- photos from accident;
- complaints;
- police statements;
- expert assessments.
Of course, there will be cases in which you cannot obtain all of them, however, you can personalize your case and use those best suited to your case.
- Simulate the compensation you can receive
It is easy to do that: you can use a personal injury calculator and calculate the amount of money you can receive or ask for professional advice. A lawyer will usually be the one you can turn to in order to have an idea about what you can expect. However, beware of the fact that each case is singular and so will be the compensation to be received.
- The insurance premium
There are cases when the party causing the personal injury has an insurance, so you will have to take your case directly to the insurer. The insurance policy will usually cover most of the expenses caused by the accident, however it will have a cap to the amount of money the company can offer. From here, you can either try and negotiate a higher amount, because, yes, the insurer will try to offer you the lowest settlement, or you can take your case to court. From there, it will be judge who decides the compensation.
- Court proceedings
Things are a little bit more complicated when choosing court proceedings over negotiations with the insurance company, because it will be strictly the matter of the judge to rule over the case.
There are also cases when personal injuries cases skip the steps above and reach court procedures directly. These are usually serious cases which automatically involve massive personal injuries, therefore the compensation will be directly dictated by the judge and could imply jail apart from the pecuniary compensation.
When seeking compensation in a personal injury case the most important thing you need to know is that it will depend on the gravity of the case. Also, this compensation will not always take the shape of a financial reward, so you should be prepared. Even so, no matter the accident you have suffered, it is your right to claim any type of compensation offered within the confines of the law.