Personal injury compensation is among the most common insurance claims insurance companies offer their clients. It’s part of the personal injury law, which is comprehensive and thus explains many different situations that are worth insurance compensation.
There are many types of personal injury; if you don’t know them, you’d want to do proper research or consult a lawyer. This professional will give you proper enlightening on what you need to know. Moreover, they’ll direct you on the best way to go about your case after ascertaining that your incident is worth compensation. Don’t hesitate to visit here or at other reliable websites to learn more about how a personal injury attorney can help.
How It Works
Personal injury compensation isn’t for everyone involved in an accident. There are specific qualifications that will increase your chances of getting compensated. Some of them include the following:
- If you’ve encountered an accident caused by someone else
- If you’ve suffered an intense injury
- In case you got involved in an accident – not more than three years ago
It’s, therefore, essential to confirm whether you’re eligible based on the above qualifications before claiming compensation.
Another thing you need to know is the indemnification principle of insurance which aims to restore an individual to their initial situation before a risk or loss occurred. Thus, personal injury compensation covers financial costs associated with your injury like the following:
- Medical expenses
- Loss of income
When catering to these expenses, this type of insurance aims to help you regain strength and motivation after experiencing physical or psychological suffering. It also enables you to rejuvenate quickly and start enjoying life again.
Types of Personal Injury Compensation
There are three types of personal injury compensation that you can receive. They’re the following:
1. Compensatory Damages
This is the most popular type of claim that aims to cover the costs associated with your injury. It includes the following:
• Economic Damages: This is a reimbursement that involves out-of-pocket or quantifiable costs. Ideally, you’re getting compensation for your lost income or what you’ve had to pay. Examples of economic damages include the following:
- Medical expenses like the following: medical bills, at-home nursing, physical therapy, and medical transportation.
- Expenses related to damage to property
- Loss of past or future income
- Expenses associated with altered or canceled trips
• General Compensatory Damages: These are costs that aren’t quantifiable. Thus, you can’t get their monetary value and write it on a receipt. Some of them include the following:
- The physical pain associated with your injury or its treatment
- Reduced life quality
- Emotional and mental distress as a result of your accident
- Loss of life enjoyment, for instance, if your injury deters you from doing something you’re passionate about, like participating in sports.
- Physical impairment or disfigurement
From this explanation, you can tell there are two compensatory damages types. Most people are well aware of the economic one but tend to get confused about general compensatory damages. The reason is that it’s difficult to tell whether the pain they’re experiencing is eligible for compensation.
In such a situation, it’s essential to consider consulting an experienced personal injury lawyer to give you proper advice and guidance.
Before moving to the following type of personal injury compensation, it’s critical to mention one more compensatory damage that is neither economic nor general; it’s a combination of the two, as explained below:
2. Wrongful Death Damages
This type of injury compensation applies to people whose loved one was a victim of wrongful death (demise due to an unlawful act, negligence, or willfully). The compensatory damages compensation includes the following:
- Burial and funeral costs
- Loss of companionship
- Cost of medical care before the occurrence of the wrongful death
- Emotional and mental distress that the family members go through as a result of the demise
Compensation for wrongful death damages gives you an outstanding assurance that you’ll be compensated if your loved one is a wrongful death victim. Thus, you won’t incur any costs when burying your loved one.
3. Punitive Damages
This injury compensation claim aims to punish the individual responsible for your pain or harm, and it’s not meant to compensate you for your loss. The reimbursement isn’t as commonly rewarded as the compensatory damages; no wonder it’s less popular.
After getting compensatory damage compensation, your case may still be in court, and you may go for court hearings occasionally. If the court still believes they won’t deter the defendant who harmed you from doing it again, even after compensation, they apply punitive damage.
In this regard, the guilty defendant will be ordered to pay more on top of the compensatory damages amount. One reason that increases the chances of the defendant being susceptible to punitive damages is if they acted with the following:
- Gross negligence
Also, if they were involved in a criminal act like assault or fraud, there’s a high likelihood they’ll be ordered to pay punitive damages.
Moreover, if the case is high-profile and the defendant is wealthy, chances are high that the court will award punitive damage. When taking this action, they aim to make such a defendant serve as an example to others and make them learn.
Amount You Should Receive
Personal injury compensation amounts vary from one person to the next, depending on the injury or damages. However, on average, the amount ranges from around USD$ 5,000 to USD$ 75 000. On average, the auto bodily injury claim amounts to about USD$ 15,500.
Note: On many occasions, you won’t get huge payouts if you take personal injury cases to court. For example, for years, tort cases have been awarded approximately USD$ 30000 or below by the jury. Ideally, less than 25 percent received more than USD$ 152,000.
A personal injury compensation claim helps return the injured person to the position they were before getting the injury. It’s divided into two: compensatory and punitive damages. In essence, it caters to both physical and emotional injuries.
Before claiming this insurance, seeking guidance from a personal injury compensation lawyer is essential. They’ll advise you on whether you’re eligible for reimbursement and how to get compensation.