The question that most people ask their personal injury lawyer is, “how much can I get from my personal claim?”. Unfortunately, there is no right answer for that, and it will vary on numerous factors.
Understanding what you can receive compensation for is paramount, so you know beforehand if you are entitled to receive any. We have the most common reasons why you can receive compensation below.
This legal term refers to things that you cannot ‘put a price on’, but where you’ve suffered pain, suffering and grief. In order to prove that you are entitled to this compensation, you must prove that your injuries are real and your life has changed because of it. This can include physical injuries, such as broken bones, fractures and sprains, and mental injuries, such as depression, post-traumatic stress, anxiety, sleep disturbance, and personality changes.
To prove this, you might need the following:
- Treatment notes – the medical charts recorded at the time of your visits, including doctor and hospital visits, specialist appointments and mental healthcare visits
- Medical-legal reports – these are specialized reports written by doctors, specialists, psychologists, or other medical practitioners that explain your injuries and their effects on you in greater detail
Your compensation will be based on the pain, grief and suffering you’ve experienced and how much it has impacted your life. Your personal injury lawyer (https://www.edwardsinjurylaw.com/) can guide you in developing a strong case for your claim.
Past & Future Loss of Income
If you are unable to work because of an accident or injury, you will be entitled to receive compensation for that lost income. The amount of money you’ve lost can be repaid back to you as you could not work to earn it.
In some cases, you might not be able to work again in the future, have a reduced capacity to work, be forced to change jobs within your workplace or seek new employment. If this is the case, you will be entitled to receive compensation for future loss of earnings. The same applies if you are self-employed and run your own business.
Cost of Care
Unfortunately, many people never recover from their injuries and may require care far into the future and, occasionally, for the rest of their lives. As such, this level of care might be expensive, as the person might require help from specialists, particularly those in physiotherapy, chiropractic, and even mental health. Sadly, for some, they will require full-time in-home care, which is extremely costly.
Any medical expenses of this sort can be earned back through compensation, as the person or entity responsible will have to pay for it.
These types of damages are much easier to determine, as there is a figure attached to them. In most cases, these include:
- The cost of medical treatment, which can also include medications, both prescription and over-the-counter
- Medical supplies, such as a brace, wheelchair, or adjustable bed
- Lost wages due to missed work, but also missed promotions and career opportunities.
- Personal property lost or damaged in the accident, which includes vehicles, personal items and more.
Loss of Housekeeping Capacity
Many people struggle to look after their homes as they are unable to do it. As such, you might need to hire help to keep your household in good condition. You are entitled to some compensation for what is known as loss of housekeeping capacity.
What impacts your personal claim settlement?
Listed below are the factors that can impact how much you receive for compensation:
- How serious your injuries are (both physical and mental)
- The maximum medical improvement (MMI) is when your doctors describe how much you’ll recover from your injuries
- Whether any pre-existing conditions could have contributed to your injuries
- If you sought medical attention immediately after your injury
- The credibility of your witnesses and your evidence, such as your medical records and reports
- If you carefully follow your doctor’s advice and treatment plan or not
- Whether you share liability for any part of the accident or incident
- Whether you have followed the correct process for filing your claim
It can be difficult to determine how much you’ll get for your personal claim. You might get more, or you might get less. Bringing a claim in court isn’t always predictable, so make sure you hire the best personal injury lawyer possible to help your case.