If
you have sustained a personal injury due to the negligent actions of
someone else, you may be considering filing a personal injury
lawsuit. Your injury has impacted you physically, mentally, and
monetarily, but exactly what is a fair price tag to place on your
experience?
While
how much you receive for your injury may vary based slightly based on
the uniqueness of your case, the following are a few common factors
that will play into the amount you are awarded.
1.
Past, Present, and Future Medical Expenses
You
are entitled to reimbursements for any and all medical expenses you
have incurred or are currently incurring. These include those you
have paid out of pocket, as well as those that may have been covered
by your insurance company.
However,
there is a catch. If your insurance company paid on your behalf and
you receive reimbursement from the plaintiff or their insurance
company, your insurance company has the right to come back and ask to
be reimbursed.
You
are also entitled to receive compensation for any future expenses
that you may incur. While you may quickly recover from some injuries,
other injuries may require you to have long-term care, future
surgeries, medications, or therapies.
You
will also be eligible to claim reimbursement for your mileage to and
from medical appointments. Just make sure that you keep a written
record. Depending on how far you have to travel and the time of your
medical appointments, you may also be able to be reimbursed for meals
on those days and an overnight hotel stay.
2.
Loss of Earnings
If
your injury has caused you to miss time out of work or left you
unable to perform the job you have performed in the past, you are
entitled to compensations. If it is anticipated that the accident
will impact your future earnings, you may even be able to be
compensated for your loss-of-earning capacity.
3.
Out-of-Pocket Expenses
Make
sure you save your receipts for any accident-related expenses you pay
out of pocket following your accident. You may be able to get this
money back as well.
These
expenses can vary. You are entitled to reimbursement for something as
simple as over-the-counter medications, prescription drugs, durable
medical equipment, and home renovations that must be made to allow
you to live comfortably in your home. Just remember that you will
have to justify the medical necessity of any home renovations you
make.
4.
Needed Expenses
If
the accident has left you unable to do certain things you did prior
to the accident, you may be able to be reimbursed for having to pay
someone else to do these things. This may include a housekeeper, lawn
service, or a driver to get you to and from appointments.
5.
The Extent of Your Injuries
The
type of injuries you incur, as well as the severity of your injuries,
will have a major impact on the worth of your personal injury case.
While no one can put a price tag on your pain and suffering, the
insurance company tends to associate certain levels of pain with
certain types of injuries.
Injuries
are often divided into two basic categories. These are:
-
Soft
tissue injuries, or those which cause discomfort but may not show up
through medical testing. These may include strains, sprains, and
whiplash.
-
Hard
injuries, or those that can easily be observed or identified by
medical means. These may include fractions, dislocations, and
displacements.
No
matter what type of injuries you sustain, the injury and your
treatment must be clearly documented in your medical records.
The Law
Offices of Burton J. Hass will
help you recover the personal injury compensation you are entitled
to. If we are unable to get you a fair settlement, we have no
problems taking your case to trial. Give us a call so we can review
your case and get started.