The main three types of personal injury damages that most accident victims submit to an insurance company include medical costs, lost pay, or noneconomic damages such as pain and suffering. When combined, the sum of these damages can help your lawyer estimate the value of your case.
How much your case is worth depends on evidence or documents that your lawyer presents. Therefore, it is vital to obtain and keep careful records of all accident-related expenses and to document any noneconomic damages carefully.
Medical Costs Related to Your Accident
If you want to receive compensation that reflects the value of your losses, then make sure you seek treatment for your injuries right away. The longer you wait to receive medical care, the more difficult it becomes to establish the correlation between the accident, your injuries, and all related medical expenses.
When assessing your medical costs, your attorney may review your past and current expenses and project any future expenses you may incur. You may account for numerous medical costs, including:
- Ambulatory services
- ER visits
- Surgical care or ICU
- Hospital stays
- Physical therapy/rehabilitation
- Pain medication
You may receive in-home care or schedule follow-up visits with the doctor. If you are disabled, dismembered, or have a terminal injury, then you can expect ongoing medical costs indefinitely.
You may want to seek legal consultation before you submit any paperwork to the insurance company or speak with an insurance adjuster. Hiring a lawyer to speak on your behalf may give you leverage when negotiating a settlement with the insurance company.
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Lost Income During Recovery
It is possible to be out of work several weeks or months after a personal injury accident. As a result, it is easy to get behind financially due to income. Fortunately, you can claim lost income in the following ways:
Current Salary or Wages
Your employer can document how much pay you have lost so that your lawyer can submit it to the insurance company. You may be eligible to receive lost wages or tips or pay based on your current salary.
Lost benefits can include insurance, retirement, or other benefits that were a part of your employee benefits package.
Disability or Future Earning Capacity
If you are disabled or dismembered, you may have lost all or part of your earning capacity. While it is impossible to determine the exact amount of your future earning ability, your lawyer can estimate how much potential pay you will lose due to your injuries.
Even if you can work but have to settle for a different job because of your injuries, you may still be able to add any amount of lost earning potential that happened as a result of your accident.
Noneconomic Damages (Pain and Suffering)
Noneconomic damages include losses that have affected your health, life, or household significantly but are not easy to calculate. Some of the most common noneconomic damages include:
- Severe physical pain and discomfort
- Mental or emotional anguish
- Loss of joy of life
- Loss of consortium
- Reduced standard of living
If you seek counseling or therapy due to anxiety, depression, or post-traumatic stress disorder (PTSD), you may be able to add these expenses to your claim. You or a loved one may be able to account for the loss of companionship or parenting. Noneconomic damages include how the accident impacted the quality of your life beyond your expenses or lost income.
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Gathering Evidence to Prove Your Case
Your attorney will gather evidence, collect and organize documents, and submit proof of liability to the insurance company. Some of the evidence they will use to support your case includes accident reports, medical reports/bills, eyewitness accounts, videos or photos, or expert testimony.
The evidence is important in establishing liability and determining the value of your case. Therefore, make sure you provide your attorney with all the necessary documents related to your expenses, lost wages, or even property damage. If you continue to experience severe pain, discomfort, or emotional stress, then document your condition from day to day.
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How a Personal Injury Attorney Can Help
Regardless of how well you document your damages or how iron-clad your case is, the insurance company may deny your claim, offer a low settlement, or delay the process. Furthermore, the insurance adjuster may bury you in needless paperwork. Navigating the legal process is challenging when you are trying to recover from your injuries.
A personal injury attorney in Indianapolis, IN, can take the burden away from you by managing your entire case throughout the litigation. They can negotiate a fair settlement, seek maximum compensation, and fight to protect your rights. If you decide to file a lawsuit, your attorney can represent you in court.
You Do Not Have To Take on the Insurance Company Alone
You do not have to take on the insurance companies alone. Sevenish Law Firm, P.C. can be your advocate with the insurer, fight for a fair settlement, and help you pursue compensation for your losses. Do not wait too long to reach out to us, though, as Indiana’s statute of limitations, IC 34-11-2-4, only allows you two years to file a personal injury lawsuit. To find out more about the three types of personal injury damages, how the statute of limitations may affect you, and your legal rights, call (317) 636-7777 for a free case assessment.