When you file for a personal injury lawsuit, the first thing that comes to mind is how much compensation you should claim. You might know the laws, but the compensation calculation is a different thing. There are too many factors that you need to consider while calculating compensation claims.
Depending on what type of personal injury you have accrued, the value of the compensation injury varies. Hence, it would be advisable to hire a personal injury claim in Idaho to get an accurate quote on your compensation claims.
How Is A Personal Injury Claim Calculated?
The amount of compensation is directly proportional to the severity of the injuries the pursuer has suffered. In addition to the additional expenses that you had to pay because of your injury. Your solicitor considers all the factors, and an accurate amount is calculated.
The following factors play a major role in calculating your compensation value.
1. General Damages
General damages are the damages that relate to the pain and suffering of individuals. After the accident, injuries are one source of pain and suffering, but that is not the only one. These injuries make even a simple task challenging and make your everyday life difficult. Therefore, these damages are also considered while calculating the compensation.
2. Psychological Injuries
Some accidents can leave long-lasting trauma and psychological injuries. These injuries might be temporary and prognosis, but as it is considered a form of injury, you can use these injuries to evaluate and calculate the true value of your claim.
3. Loss Of Earnings
After the accident, you might need several weeks or months to recover completely. That means, during this period you won’t be able to continue with your job. This results in the loss of earnings. You can add this to the account as well.
4. Services Compensation
Some of the injuries are long-term and need the services of professional caring. If that might be in your case, you can use this to calculate the accurate compensation amount.
How Does The Personal Injury Claim Process Work?
Filing a personal injury claim is followed by several complex processes and documentation. We have enumerated the step-by-step process to give you a better idea of how the personal injury claim works.
Step 1: Open Up A Claim
The first step is to open up a claim with your own insurance and the insurance carrier of the person responsible for the accident. If you are not aware of the right procedure, take help from a personal injury lawyer.
Step 2: Complete Your Medical Treatment
The next step is to complete your medical treatment. While you are recovering from the injury, you don’t have to delay your filing process. Instead, ask your attorney to start the documentation. So that, by the time you recover, all the documentation process is completed.
Step 3: Submit Demand Package
Once you have completed your medical treatment, your attorney can help you out by creating the demand package for the compensation claims. The demand package will typically include all the costs of medical treatments, wage loss, and financial damages.
Step 4: Settlement Of Claim
If you have a stringent demand package, it is possible that your claim will be completed in the settlement process. However, if the insurance companies deny the amount, you can drag them to court.
Step 5: Statute Of Limitations
Before you file any lawsuit, you must be aware of the Statute Of Limitation. This is a period in which you can file your claim. If you exceed the Statute of limitation, the court will not accept your claim.
Step 6: Lawsuit In Court
If your claim is not settled in the settlement process, you can file a lawsuit in the court and request that the matter is set for trial. At the trial phase, the jury listens to both sides and goes through the evidence before judging.
Step 7: Trail & Judgement
Trial and judgment are in the hands of both parties. If both the parties came to a mutual agreement, the court case could be resolved at any given time.
There you have it now you know what personal injury claims are and how it works. We have laws enumerating the filing process of the personal injury claim. We hope that you will find this article helpful.