Compensation is probably one of the least understood parts of personal injury cases. Some people may look at cases similar to theirs and start building ideas of how much they could get based on that. However, there are so many things that can affect how much you get. The nature of the accident, how you were represented, how much you’re at fault, and where you are will all make a difference, but there are other factors to consider. Let’s take a look at how compensation for personal injury lawsuits is determined.
How Does Compensation Work Exactly?
Compensation is provided when someone can demonstrate that another party was either partially or completely responsible for an accident. It alleges that the other party failed to protect their safety. This party can be a private entity or an organization, like a company or a city. People can seek compensation for everything from dog bites, to car accidents, to slip and falls. This is why you need to work with a good attorney with knowledge and experience in these areas if you have suffered this kind of injury.
Your jurisdiction also needs to be taken into consideration. If you were involved in a car accident in Detroit, for instance, you should work with Detroit injury lawyers as Michigan is a no-fault state. This will make it more difficult to sue the other party, but it’s still possible. Only someone familiar with the law and the system will be able to help in this case. For more info check here.
Moreover, there are different types of compensations related to the injuries and what was the main cause. In case that it was a personal injury, it is crucial to determine that cause and who is responsible. After that, you can claim different types of damages, like compensatory and special compensatory. Also, you will need to calculate the expenses of medical treatment, which includes staying in the hospital, therapy, surgeries, scanners, exams, and more.
Moreover, if you were prevented to work due to injury, you can add that in the case and ask for a refund of all the money that you have lost since you were unable to work. Furthermore, there is a general compensation, which is more complex. In this model, you can demand compensation for physical pain and potential consequences that you might have in the future after the accident. Also, you can ask for reimbursement for the stress affected due to your injuries.
How Much Can You Expect to Get?
This is tough to tell because cases vary so much. The average settlement is between $3000 and $75,000, so you can’t assume anything. Your lawyer is the one who will be able to tell you what you can get. It will also depend on how well you are able to present your case, and how good your lawyer is at negotiating settlements and representing you in court.
How Are Settlements Calculated?
Many factors can affect how much you get in a settlement. But, as a rule, it largely depends on how important your injuries are and the different types of damages you’re seeking. If the injury has a longer recovery period or has an injury that will require long-term care, then you might get more. Another reason why you might get more is if the injury has permanent consequences. It may be your ability to earn or even enjoy a hobby, but it could also be things like permanent scars, for instance.
The first thing that will usually be looked at will be medical expenses. This includes current and future treatments. Lost wages are another very important factor. This counts for wages you’ve lost so far and future wages if you can’t work again. If your property was damaged, like a car, for instance, you will also get compensated. Pain and suffering are another one and account for the pain and stress the injury has caused.
In the most common model, you will have to calculate the special damages, along with the funds that you have lost due to the inability to work for some time. For example, if the costs of your therapy are $50,000, you can expect up to 5 times more on that account. In addition to that, you will also get money for the lost income. For example, you could get over $300,000 if the medical bills were around $50,000. However, choosing a less experienced attorney can affect the final amount of money.
Furthermore, there are other models where you can demand even more money on the account of mental injuries and consequences from the accident, the shock you were put under, and even more money if there are some incurable injuries. With that in mind, you have to know that the first thing to do after the accident is to immediately visit the doctor and evaluate the level of your injuries. Also, you should collect evidence and call witnesses to make the whole process faster and less complicated to prove.
There are also digital calculators that insurance companies are using to make the process more convenient. These calculators are advanced and complex software that is using all kinds of factors to calculate the amount most accurately. However, the lawyer is still crucial since there is always room for mistakes when using these programs. Also, there is no way to calculate the mental consequences and pain or cureless effects that will last the whole life.
The Bottom Line
Compensation can be difficult to understand at first but, if you work with the right lawyer, they’ll be able to explain the process in detail to you. They will also be able to explain each type of damage, and what you can realistically seek. The main problem can be the fact that there are so many types of potential injuries and different levels of trauma and stress. Only a good and experienced lawyer will manage to add proper compensation for the pain and suffering caused by the injury.
There are some regulations related to the calculating process. However, each injury is caused differently, and there is a small chance that you can used some previous model to ask for the same amount. Therefore, the best solution is to choose the right attorney. Besides that, you should never wait for the process on the court. The biggest mistake would be to not visit the doctor right after the accident.
