How is injury compensation determined?
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Involvement in a car accident or suffering an injury on the job frequently results in life-altering wounds, exorbitant medical expenses, and a reduction in income due to the need to take time off work while recovering. The easiest option to receive compensation and financial support for the mounting expenditures is frequently to file a legal claim against the party that was negligent and blame them for the accident.
People who are thinking about bringing legal action often wonder how much financial compensation they should seek from the court. Each of our customers will receive a unique amount of recovery (compensation), which will be determined by a number of different aspects of their cases.
Contents
- 1 Example of How Compensation is Determined from a Car Accident Injury
- 2 Arizona Car Accident Injury-Related Statistics
- 3 Other Types of Common Injuries that can Result in Compensation
- 4 Filing a Lawsuit After an Injury
- 5 Does Signing a Waiver Mean I Can’t Sue?
- 6 Determining Amounts of Recovery (How Much Compensation Money)
- 7 Claim Settlement versus Going to Trial
- 8 Back to the Construction Worker
- 9 If You Have Been Injured
Example of How Compensation is Determined from a Car Accident Injury
After putting in a long day at work, a construction laborer is on his way back to his family in the evening. Even though he is exhausted, he is awake and is paying attention to the other drivers on the road. Having traveled only a short distance from his house, he is looking forward to spending some quality time with his family, which includes his wife and his children. He comes to a halt at a four-way stop, scans the area to ensure that he is not being followed, and then continues forward through the intersection.
A young female driver is also approaching the intersection at the same time. As she and her friends are giggling and chatting while riding in the car, she glances over at a video that one of her companions is watching on her smartphone. She fails to notice the stop sign and barrels through it at full speed, causing damage to the front driver’s side of the man’s vehicle.
He is taken by ambulance to the hospital, where he is treated for many broken bones, lacerations, and symptoms consistent with a concussion. He has been informed that in order for his injuries to heal properly and in order for him to finish his physical therapy sessions, he will need to take at least three months off of work. He does not know what his family will do about the mounting medical expenditures, nor does he know how they will manage financially without him in the household. Continue reading below to learn more about the scenario.
Arizona Car Accident Injury-Related Statistics
Automobile collisions are a frequent source of both injuries and time lost from work. Despite the fact that more safety features are being added to automobiles than at any other time in history, the number of fatal car accidents continues to rise. Experts are of the opinion that this is the result of drivers becoming distracted.
According to the Accident Statistics provided by the Arizona Department of Transportation:
- In 2018, there were more than 127 thousand accidents involving motor vehicles in the state of Arizona.
- In 916 of these accidents, one or more persons lost their lives as a result.
- Over 36,000 persons suffered significant injuries as a direct result of these accidents.
- Almost 1,400 of these collisions included people walking on the street.
- Across the state, motor vehicle collisions were responsible for economic losses of more than $19 billion.
Other Types of Common Injuries that can Result in Compensation
Regrettably, collisions with motor vehicles are not the only thing that can cause injuries. People can get life-threatening injuries while doing their jobs, participating in recreational activities, or going about their daily lives, such as going shopping.
The following are examples of some of these injuries:
- Accidents at work, such as tripping, falling, slipping, or sustaining injuries from machinery
- The recently washed floor in the supermarket caused me to slip and fall.
- sustaining an injury as a result of inadequate training in one’s place of employment or while volunteering
- Accidental tumbling at a trampoline park, resulting in a fractured bone or sprained joint
Being struck by a ball while watching a game of baseball Experiencing unfavorable symptoms as a result of taking a drug - Being bitten by a dog that belonged to a neighbor
- sustaining an injury as a result of using a product
Filing a Lawsuit After an Injury
Insurance firms, particularly those who specialize in auto insurance and commercial liability insurance, frequently try to reach speedy settlements for the least amount possible. When a settlement has been reached, there will be no more payments of money made. Unfortunately, a person who has been harmed may not always be aware of how much their condition may cost them in the future because of their injuries.
It’s possible that the amount of money that was agreed upon won’t be enough to cover the cost of medical treatment for these injuries as well as the wages that were missed while they were recovering. The best method to ensure that you and your family are cared for after becoming harmed is to file a lawsuit as soon as possible following the incident.
Read More: What Personal Injury Lawyer Questions Should I Ask?
Does Signing a Waiver Mean I Can’t Sue?
People have the misconception that if they sign a disclaimer before participating in an activity, such as playing at an amusement park, they cannot launch a lawsuit if they are hurt as a result of participating in that activity. This is not the case. Waivers do not absolve the facility of responsibility for acts of extreme negligence. Even if a waiver was signed, it is still possible to recover any damages that occurred.
Determining Amounts of Recovery (How Much Compensation Money)
Recovery is a phrase that is used to determine how much money will be required to make someone who has been damaged whole again. You are going to need the assistance of a skilled personal injury attorney in order to calculate the appropriate sum of money to request in a claim or lawsuit. When calculating recovery, a number of different criteria will be taken into consideration.
These factors are as follows:
- The price tag for one’s medical bills
- The ages of those who were injured
- The mental anguish and distress that you were forced to endure as a direct result of the accident
- Because of the accident or injury, you may have a higher risk of developing future health problems in the future.
- Reduced future earning potential in your career, resulting in loss of revenue from your current employment
Claim Settlement versus Going to Trial
Many customers, out of fear of a drawn-out and lengthy trial, choose to settle their cases as early as possible for a lesser amount of compensation money instead. Despite the fact that auto and liability insurance companies frequently settle claims fast to minimize the costs that would be incurred during a trial, our law firm has much experience in the courtroom.
Suppose the insurance company is unwilling to settle for an amount that we believe will provide you with the finest care both now and in the future. In that case, we may take the matter to court and litigate on your behalf to obtain the financial assistance you require. If we are successful, you will receive the money you need.
Back to the Construction Worker
After the construction worker was hurt in the automobile accident, the insurance company for cars only offered him a meager sum of money to compensate him for his injuries. He was aware that the sum would not be sufficient to pay all of his medical expenses as well as the sum of money he would require to make up for the time he had to miss from work. Because of the injury, he is missing a portion of the joint in his shoulder, and his future earnings may be lower if he is forced to accept a job that pays less.
He contacted a lawyer who specialized in cases of personal harm. The attorney advised him that he might be able to recover further damages if he filed a case against the other party. He was able to acquire enough money to take care of himself and his family as a result of the lawsuit that he filed against the automobile insurance company. The settlement was reached rather swiftly.
Read More: How Much Does Hiring a Lawyer Cost?
If You Have Been Injured
Once you have sustained an injury, the very first thing you should do is get medical attention. Do not be hesitant to get all of the assistance that you require in order to heal effectively. Please make careful documentation and ensure that receipts are kept for each of these appointments so that we can obtain the doctor’s medical notes.
After that, make a call to a seasoned attorney who specializes in personal injury law. After hearing your side of the story, the attorney will evaluate your options and recommend the next step. Your attorney may want you to write down everything about the accident that you can recall, so be prepared. To assist you in building a solid case, take pictures, jot down the names of witnesses, and provide specific details regarding significant facts. This is your best chance of acquiring the amount of financial assistance that you require, so take advantage of it.