Many questions hover around personal injury incidents but getting the answers you need may not be so easy. Suppose you recently got into a car accident, truck accident, slip and fall, or any other injury caused by someone else’s negligence. In that case, chances are you’re thinking about filing a personal injury lawsuit. What’s fair compensation for personal injury? This PI Lawyer in California reports that fair compensation for personal injury depends on factors such as the magnitude of the case, the state laws, and your preferred attorney.
Personal Injury Definition and How It Works
A personal injury refers to physical harm, mental, or emotional damage caused by another person’s acts or failure to act. It refers to injuries sustained in a car accident, truck accident, wrongful death, medical malpractice, or defective products.
Certain conditions must be met for an injury to qualify as a personal injury claim. First of all, it must be established that the defendant had a legal duty of care towards the plaintiff. Next, the plaintiff must prove beyond reasonable doubt that the defendant failed to uphold that duty. Finally, the plaintiff must demonstrate that the injury was sustained from the defendant’s breach of duty (negligence).
How To Calculate What Your Case is Worth
There’s a general pattern in terms of how insurance companies calculate what your case is worth, and you, too, can use the same methods to estimate a rough value for your case. When an accident occurs, the injuries sustained and the defendant’s insurance policy cannot be controlled.
However, you can sign up for legal representation to boost your chances for success. Victims who hire an attorney are more likely to receive better settlement than those who represent themselves.
Basic Steps in Calculating Your Case Value
Before making your claim, you first need to establish liability – identify the person who caused the injury. An attorney can help you establish the liability, especially where many parties are involved. Even if you were partly to blame, you might still be able to get a percentage of the compensation amount.
Next, gather the documentation, photos, police reports, witness statements, repair costs, and other costs connected to the accident. Prepare a list of the economic damages (property damage, lost income, medical expenses, etc.) and non-economic damages (the pain and suffering inflicted by the accident).
After collecting all the information required, it’s time to do a rough estimation. Some states offer two methods for calculating pain and suffering. We have the multiplier method and the per diem formula. Under the multiplier method, adjusters use a number between 1.5 to 5 to multiply with the total medical bills related to the accident. The number is assigned based on how severe the injury is. This means that the more severe the injury, the higher the settlement.
The per diem formula is used to calculate the pain and suffering the victim undergoes each day. You may get a rate of $75 per day for all the days that you’re expected to go through pain and suffering.
Other factors may affect how pain and suffering are calculated, e.g., credibility in court and visible injury. However, getting legal representation is the first step to fair compensation.
A Personal Injury Attorney and Fair Compensation
Accidents caused by negligence in most cases cause property damage, excruciating pain, lost wages due to lost working hours, inability to provide for your family, and don’t forget the traumatic memories. The insurance processes involved, preparation for a case, and trial are time-consuming. That’s where a personal injury attorney comes in. An attorney’s main job is to represent his/her client regarding legal procedures and negotiations with the insurance adjusters. If a trial becomes imminent, your attorney will be your first line of defense.
Other duties of a personal injury lawyer include:
- Researching any legal issues with your case.
- Communicating with the client, judges, and anyone else involved in the case
- Providing legal advice to the client
A good reason why you should consider hiring a personal injury lawyer is the experience and expertise they bring to the table. They shine a light on the legal procedures you may have never heard about and handle the negotiations better, meaning better odds for you.
Get Trained and Qualified Attorneys On Your Case
Seeking fair compensation for personal injury is not an easy task. The insurance company will use every means they have – from highly trained adjusters, attorneys, and years of experience – to minimize the payout. Other times, the insurer will try to settle the case before you hire an attorney. To level the playing field and get higher chances for a better settlement, it would be best if you hire a personal injury attorney for your case today.