How Damages are Assessed in a Personal Injury Case
After being involved in a Personal Injury Accident, many people want to know what their case is going to be worth. Finding out the value of your case is not something that can be determined during your initial consultation. In fact, it can be difficult to assess damages in the early stages of a PI case.
In many cases, the true value of a personal injury case will be unknown until the victim has been to medical treatment and received proper therapy for the injuries that were suffered. In some circumstances, the accident victim may need to seek medical treatment for several months, during this time it’s hard to determine the exact amount that the case may be worth.
Unfortunately, receiving compensation in a PI Accident Lawsuit can sometimes take years and be extremely difficult to handle alone. This is why it’s always advised that you seek the assistance of an experienced Personal Injury Attorney. Lawyers with experience will have the resources to point you in the right direction and ensure that you receive the compensation that you are owed.
There are several factors that will help to determine the amount that a PI case can be worth, and it is up to your attorney to help assess damages in a personal injury case.
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Understanding Compensatory Damages in a Personal Injury Case
The majority of PI damages are classified as “compensatory”, this just means that they are intended to compensate the victim for the losses that accumulated as a result of the accident.
Compensatory damages are meant to make the injured party whole again strictly from a monetary perspective. Putting a monetary value on the consequences of the accident can be difficult. While some things are straightforward such as property damage, others, such as pain and suffering are much more difficult to put a value on.
It is up to your attorney to work with you and help determine the amount of compensation that you are owed for your losses.
Common Damages in a Personal Injury Accident
When you become the victim of a personal injury accident, you deserve to be compensated for damages and hardships that accumulate after an accident. Some of the most common damages to receive compensation for after an accident include:
When you become injured as a result of another’s negligence, you deserve to have your medical expenses paid for. The amount of compensation that you can receive for medical expenses will be determined once your treatment is complete.
It will be up to your attorney to obtain your medical records and the corresponding bills associated with your treatment. Your attorney will present these to the other party’s insurance company during the settlement process.
Keep in mind that it is crucial to your case to seek immediate medical treatment after your accident occurs, and follow all of the doctor’s orders throughout the treatment process. Waiting too long to seek treatment, or ignoring the doctor’s treatment plan could result in a lower settlement or the denial of your claim altogether.
In some types of personal injury accidents such as a car accident or motorcycle accident, the victim’s property will become seriously damaged. If this occurs, full compensation for the damaged property will be requested. Damaged vehicles and motorcycles will be evaluated by a professional to determine the extent of the damage. In some cases, the damages exceed the amount that the vehicle is worth, and in this case, you would be offered the blue book value of the totaled vehicle.
In the event that the accident prevents you from being able to return to work because of the injuries that you suffered, your attorney will need detailed information from your place of work to determine the amount that you should receive for missed time at work.
The key to determining this amount has to do with the documentation provided by the employer. They will need to submit records of your average working hours per week along with the amount that you receive, and the time that you missed due to your injuries.
Your attorney will be able to add this amount in the demand letter to the insurance company stating that you were at a loss of income because of the injuries that you suffered as a result of another’s reckless actions.
Pain and Suffering
Depending on the severity of the injuries and damages that were suffered in your accident, you may be entitled to receive compensation for pain and suffering.
If you want to receive compensation for pain and suffering you will need to hire an attorney for help. Trying to ask for additional money in a PI claim without legal representation will almost always result in a loss.
Determining whether or not you can receive compensation for pain and suffering will have a lot to do with the extent of your injuries and loss of quality of life.
You will need to be examined by a medical professional and have ongoing medical treatment before your attorney can even determine the amount they will ask for during the settlement process.
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Hiring a Personal Injury Attorney
When you become injured in an accident that was not your fault, one of the first things you need to do is contact an experienced PI Attorney for legal help.
Determining the value of your Personal Injury case is nearly impossible to do without the help of an experienced attorney. When you try to handle a lawsuit on your own, you run the risk of being taken advantage of by the insurance company, and not being offered the amount that you are actually owed.
Your attorney has the training and experience to negotiate with the other parties insurance company and demand the actual amount of compensation that you are owed.
At The Brown Firm, our attorneys have been representing Personal Injury Accident victims for over 30 years. We have helped countless accident victims obtain the compensation that they deserved.
Our attorneys offer a free consultation to see how we can best assist with your case. Let us help you determine how damages are assessed in a Personal Injury Case in Georgia. Go and fill out the form below!
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