Importance of consulting an attorney for an injury claim

April 8, 2019

Importance of consulting an attorney for an injury claim

When you or a loved one is seriously injured in an accident or due to another’s negligence, it is important that you seek quality representation from a dedicated legal staff. Our attorneys understand that the legal process can be daunting and overwhelming. By interviewing any witnesses, ensuring that your injuries are well documented, and standing up for you in front of insurance companies, we make sure that your case is thoroughly handled.

If you or a loved one has been injured in an accident that was caused by someone else’s reckless behavior, we can help you file a claim in pursuit of maximum compensation.

In a personal injury case, you may be entitled to receive compensation for your medical expenses and lost wages, as well as punitive damages for your pain and suffering. Additionally, if you suffered the tragedy of losing a loved one in an accident caused by negligence, you can pursue compensation and justice in a wrongful death claim.

It is important to remember that in Arizona, most personal injury claims must be filed within two years from the date the injury took place. Do not delay in securing the legal representation you need!

Calculating Your Personal Injury Settlement

Suffering a personal injury can have devastating, long-lasting effects. Recovering from physical pain is only the tip of the iceberg. Rehabilitation, loss of wages from missed work, loss of personal property, disruption of your daily life, stress and worry all weigh heavily on victims. It is the magnitude of the sum total of all of these factors that must be considered when attempting to quantify the amount of personal injury compensation.

Special Damages – Bills and Financial Costs

While every case is different, courts and insurance companies both must use some sort of equation to determine how much a personal injury claim payout should be. In order to find the right number, they must gather a straight-forward, objective list of all expenses incurred from the injury first, then add in the more subjective factors to arrive at the final compensation amount.

The first part of the equation is simple. A sum total of every provable financial expense that was a direct result of the accident or injury is calculated. This number usually includes, but is not limited to:

  •     Medical Bills
  •     Damaged or Lost Property
  •     Cost of Medication
  •     Hospital Stay
  •     Rehabilitation
  •     Lost Wages
  •     Cost of Medical Equipment
  •     Expenses Paid Out of Pocket

Once these items are added together, that gives you a starting dollar amount. These items are the first half of your overall Damages. Some courts refer to these quantifiable dollar amounts as Economic Damages, Medical Special Damages or even just “Specials.” This number is straight-forward and easy to prove.

General Damages – Pain and Suffering

The other half of the equation is harder to pinpoint because of it more difficult to assign a dollar amount to emotional turmoil and pain and suffering. The term General Damages encompasses all of the more subjective sufferings as a result of your injury. These General Damages can include:

  •     Emotional Turmoil
  •     Physical Pain
  •     Stress
  •     Disruption of Daily Lifestyle
  •     Loss of Enjoyment
  •     Loss of Consortium
  •     Recklessness or Gross Negligence (for injuries resulting from another party)

Each Case Is Different

It is important to note that every case is different and many insurance companies will not want you to know that they are using a formula like this one to calculate your payout. It could work to your benefit to have this information, but not share it so the other party will not know if you value your own multiplier as less than they would.

Your best bet is to hire a Personal Injury Lawyer who can help you gather the information you need to accurately calculate and argue for your highest compensation payout.

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