Injuries can occur anywhere due to any minor mistakes. However, there can be severe consequences. Just imagine a person sustaining an injury in an accident. They may be left wondering how much compensation they should be awarded. This is crucial if you wish to negotiate with an insurance company to obtain a cash settlement or are ready to take a case to trial. The amount you ask for will tell you whether you must go to small claims court or a general civil lawsuit. Depending on all the situations and conditions, your claims will be decided. Organizations like Tuite Law can provide expertise needed to navigate this process, ensuring you receive the compensation you deserve.
Who Pays for Your Injuries?
Generally, the one who injured you, or their insurance, is responsible for your costs and expenses. They will also need to pay you for the physical and emotional distress that you undergo from the accident that happened to you. Whenever any person faces an accident, there can be a lot of results. It can cause financial loss. In some situations, people are unable to go to work. In those situations, they receive compensation for the lost wages.
How to Calculate Damages
In particular, it is rather difficult to outline the monetary expenses or, in other words, estimate how much compensation you could expect. However, the sum is calculated according to the actual expenses you incurred and extra money for your inconvenience. Usually, a formula is applied by the lawyers and insurance companies before entering the negotiation process. They take references from the various other cases similar to yours. Based on that and your bills, a mutual decision is taken.
You need to figure out three things to calculate your damages: special, medical, and general.
Special Damages
Of all the damages, special damages are the simplest to determine. They include money that would have been used to repair or replace destroyed items. It also makes up for the lost earnings and all expenses you incurred due to your injury. Sometimes, situations can become much worse. Just consider if you have lost the potential to earn more in the future because of the injury. You may also be compensated for that situation. Lodge all receipts and other related documents in support of your expenses.
Medical Damages
You also have a right to be covered by medical expenses. This comprises expenses such as the use of ambulances, visits to the doctor, x-rays, and other prescriptions. Sometimes, lawyers take the total revenue charged by medical practitioners to quantify how severe an injury was. If your insurance paid some of the bills, the total amount that has been ascertained depicts the level of the injury.
General Damages
Once your special and medical damages are determined, there is a way to find your general damages. These are for the pain, suffering, and emotional distress that you had to undergo. There is no real law that prescribes this figure. In most cases, your lawyers and insurance firms calculate your bodily injuries and multiply them by a figure between 1.5 and 5.
The Jury’s Role
If your case goes to court, a jury decides how much you get. They look at things like witnesses and how the accident happened. These things can change the final amount.
Other Things to Think About
Some cases are more complex. Special situations can change how much money you get. It’s good to do some research or talk to a lawyer. This helps you understand what your case is worth.
Figuring out the right amount can be hard. But by tracking your expenses and knowing how damages work, you can find a fair starting point.