You need to understand how the courts and insurance companies would value your personal injury claim in dollar amounts. But before you can do this, you must understand the types of losses and injuries that may win you compensation.
In most cases, the guilty person is the one who caused the accident. He or she is referred to as the defendant from the standpoint of personal injury law. The defendant is legally required to compensate you for the following:
● All medical expenses related to the personal injury accident
● Lost income or foregone wages
● Permanent disfigurement, scars, or other forms of physical disability
● Pain and suffering. This refers to all emotional hardships you endure because of your personal injury accident. It includes but is not exclusive to depression and embarrassment.
● Damaged property
How the insurance company’s adjuster calculates your claim’s value
Calculating general damages is easy. All the insurance adjuster does is add up the monetary value of your medical expenses and property damage. Then he or she has the figure. It’s much harder to calculate special damages though. The insurance adjuster tends to multiply the medical expenses portion of your general damages by a number. This is referred to as a multiplier in the realm of personal injury law. The adjuster will add lost income and foregone wages to this number. Believe it or not, having your personal injury lawyer argue a higher settlement offer for you with the other guy’s insurance company often works. You’ll find that the defendant’s insurance company will have little choice but to off you the settlement that you want in this instance.
Calculating the percentage of fault of each party
Generally speaking, if you’re at fault your share of the settlement will be reduced by the percentage that you were found to be at fault for. Hold out on the settlement and never accept the first settlement. It will be unacceptably low. You should always hire a good personal injury lawyer in Fort Erie who will negotiate the best deal for you. The reason is that you may have injuries that don’t show up until months after you accept the settlement. You generally can’t sue for more money because you’ll have already signed a release from the defendant’s insurance company.
Don’t be surprised if both the defendant and his or her insurance company try to do everything, they can to settle your case out of court. Going to court can be and often is risky and expensive for them. They find that it’s much easier and faster to give you the settlement that you want and need through out of court communication.