Personal Injury Claims & Compensation
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After being injured by a negligent or careless act, it is understandable that you would be nervous about whether the person who caused the injuries can be held liable. It is also common to be worried about whether you can recover compensation to cover the full amount of your damages. Our team of lawyers and legal professionals are here to help you throughout the entire process of filing an injury claim. We explain each step in the process beginning with how we determine if you have a claim and how we calculate the value of a claim.
Do I Have a Personal Injury Claim?
Personal injury claims arise from a variety of situations including:
- Motor vehicle accidents, including big rig crashes, car accidents, bicycle crashes, commercial truck accidents, pedestrian accidents, and motorcycle crashes
- Slip and fall accidents (premises liability law)
- Dangerous or defective products (product liability law), including defective medical devices, dangerous drugs, and defective consumer products
- Medical malpractice claims
- Animal attacks, including dog bites
We begin by conducting a thorough investigation into the circumstances of your injury. It is crucial that we perform an investigation as soon as possible for several reasons. We want to identify the parties responsible for the accident, and we want to identify and preserve crucial evidence that is necessary to prove the elements of a personal injury case.
While some cases may have slightly different elements that are unique to that type of personal injury claim, most cases require that we prove three very important elements:
- Causation and
The “duty” is a duty of care owed to others not to cause injury. For a driver, the duty of care could be not driving while intoxicated, not exceeding the speed limit, or avoiding distractions such as texting. A doctor’s duty is to act in a manner consistent with industry standards. The duty of care is usually one of the easiest elements to prove because we all owe other property a duty to avoid actions that can result in harm to others.
Causation is an essential element because you cannot recover money for a claim unless you can prove the other party “caused” the accident. For example, we must gather evidence to prove that the other driver ran the red light thereby causing the wreck. For a defective product, we must have evidence to show how the product is defective and how that defect caused the injury.
Once we prove that the other party’s negligence or recklessness caused the accident, we must prove the accident was the proximate cause of your injuries thereby causing damages. For instance, you could slip and fall at the grocery store and sustain a broken bone and spinal cord injuries. However, you could also fall and not sustain any injuries. Therefore, it is crucial that we prove you suffered injuries and damages by using medical evidence, evidence of expenses, and other information to show that you suffered economic and noneconomic damages because of the accident.
For you to have a valid claim, you must prove all elements. However, our personal injury lawyers have extensive experience investigating claims and locating key evidence to ensure that the party who caused your injury is held liable for its negligent and reckless actions.
Calculating the Value of a Claim
The amount of money you can receive for a personal injury claim depends on several factors. Our goal as your accident attorney is to maximize the amount you may recover. We want you to receive full compensation for all damages, including your physical pain and emotional suffering.
Some of the factors we use to calculate the value of your claim include:
- The cost and expense of your medical care, including emergency room visits, hospital stays, surgeries, physical therapy, medications, and medical equipment;
- The type and severity of your injuries and the length of your recovery;
- The amount of lost wages sustained because of the accident and injury;
- Amount of property damage;
- Any out-of-pocket expenses related to the accident, injury, or recovery;
- Whether you suffered any permanent disability, disfigurement, or scarring;
- Pain and suffering damages (i.e. physical pain, emotional suffering, mental anguish, loss of enjoyment of life, loss of consortium, etc.); and,
- Future damages, including loss of income, loss of earning capacity, medical expenses, and personal care.
It is unwise to value a personal injury claim too early. If you do not wait until a person has reached maximum medical improvement (MMI), you could greatly undervalue the claim. Therefore, our personal injury attorneys work diligently throughout your case gathering evidence to prove the value of each of your damages so that we can maximize recovery.
However, we will not place a final value on the claim until your doctor has released you from care and provided a report detailing any permanent disability or impairment. With this report, we can consult experts to determine the value of future damages to include in your settlement demand. By working aggressively throughout the case to follow the evidence instead of rushing to a quick settlement, we give you the best chance of receiving the largest settlement possible for your claim.
Call our Personal Injury Attorneys for a Free Consultation
When another party causes an injury, that person or company can be held liable for damages caused by negligent and reckless acts. Our personal injury attorneys can help you investigate the claim and prepare a settlement demand that maximizes your chance of recovery a just and fair settlement for all damages. Call now for your free consultation with an experienced injury lawyer or let us review your case today.