Filing a Claim
What You Need to Know About Car Accident Claims
The tragedy of a car accident brings a great deal of anxiety resulting from the shock of such an event. When an accident results in any sort of injury, the stress is met with the emotional, physical and financial costs that are associated injuries. If you are an injury victim of an accident, you may be entitled to a certain amount of compensation to help in your recovery. When considering filing a car accident claim under personal injury, there are a few things to consider that may help you understand what is weighed when awarding a car accident claim. Speak with a Michigan personal injury lawyer from our firm if you have any questions about your claim.
Who was at fault?
The first thing that is considered in a personal injury claim concerning an accident was where the fault for the accident lies. Proving someone else was at fault for the accident which resulted in your injury will help your chances for maximum recovery. Additionally, it is important to remember that any fault that you had in causing the accident will be used against you in the claim. This is referred to as comparative negligence. Comparative negligence is a legal term used in the defense against a claim that seeks to reduce the amount of damages that you can recover based on the degree of your own negligence which contributed to your injuries. However, if someone else was wholly at fault for your injuries, you have a greater chance at recovering the maximum amount of compensation.
What was the damage?
The next step in a car accident claim is to assess the amount of damage that you sustained at the hand of someone else's negligence. Damages are categorized under certain classifications specific to the nature of the damage and degree of losses. In an insurance settlement or court judgment, the amount of compensation awarded to the plaintiff is calculated based on these categories. The greater the damage under each, the more money is awarded in the recovery.
- Medical Treatment can cost you and your family a great deal. A car accident claim takes into account the expenses that resulted from the actual injuries, such as immediate treatment of the injuries, follow-up visits, medication costs and any future medical treatment concerning those injuries. These expenses can be extreme, especially if the injuries required special tests or emergency surgery.
- Loss of Income is also calculated when deciding a compensation award for personal injury due to another person's negligence. This category factors in your inability to work for income as both an immediate result of your injury and any future difficulties that may arise due to the nature of your condition. The loss of wages is calculated based on your earnings at the time of the accident. If you are unable to work for any period of time due to your injuries, the losses from your inability to earn wages are added to your overall recovery.
- Loss of Property is added to the claim if any vehicle, clothing or valuable items were damaged or lost because of the accident. If you and your personal injury attorney are able to prove that the fault for the accident lies with someone else, reimbursement is available for the repair of any damaged items and compensation may be given according to the fair market value of the item lost.
- Loss of Enjoyment & Consortium is another factor that contributes to the amount of compensation in a successful car accident claim. The loss of enjoyment includes damages claimed on alterations to a person's ability to partake in every day, normal activities because of injuries. This includes a person's capacity to participate in personal hobbies but can also refer to a parent's inability to care for their child as they were before the injuries. Any limitations to live life fully caused by injuries sustained during the accident fall under the loss of enjoyment of life. Loss of consortium is similar to the loss of enjoyment but is specific to the effect injuries have on the intimate relationships of the victim. If the victim was injured and rendered unable to participate in normal sexual relations with their partner as a result permanently or temporarily, those losses are calculated as a part of the claim as well.
- Pain & Suffering is the legal term for any remaining emotional or physical stress that resulted due to the car accident. Any losses due to inability to participate in activities or pain due to injuries that were not calculated under the other categories fall under pain and suffering. Compensation is awarded for the pain or serious discomfort experienced because of the accident, including both physical and mental suffering.
Michigan Personal Injury Attorney
At Freedman Law Group, we believe that every innocent injury victim is entitled to a fair amount of compensation to aid in their recovery. If you have any further questions about car accident claims or are wondering how much your potential claim may amount to, contact Freedman Law Group. A personal injury attorney from our firm is able to assess the circumstances that led to your injuries and work towards attaining a recovery that is proportionate to your damages. Money cannot take away the emotional and physical pain from a car accident but it can help you move on from your injuries and return to your life quicker.