Answers To Questions On Compensation Provided To Personal Injury Claimants

Someone that has filed a personal injury claim deserves reimbursement for any losses. What kinds of compensation could such a person receive?

Does the claimant need to go to court, in order to be compensated for any injuries?

No, the opposing sides might be able to resolve their dispute by means of negotiations. In that case, the victim would get compensated without having to enter a court judgment.

What effect would a victim’s pre-existing injury have on a claim?

The claimant’s task or their Personal Injury Lawyer in Bridgewater involves showing that the defendant was negligent. If the claimant can prove that negligence, then the result of the defendant’s carelessness is unimportant, even if it concerned making an existing injury worse. In other words, the defendant can owe compensation to a victim with a pre-existing injury.

What factors determine the size of a settlement?

• The size and number of the victim’s medical bills is one factor.
• A loss of income could be a major factor.
• The insurance company would factor in the expenses related to all future medical care, the care prescribed by the treating physician.
• Any loss of earning capacity on the victim’s part would get added to the list of factors determining the size of a settlement.
• If the injury had a permanent effect on the victim’s body, then that would qualify as a major factor, in the eyes of the insurance agency.
• If the victim’s injury had a huge effect on the victim’s lifestyle, then that fact would get added to the list of determining factors.

The final factor would concern the victim’s potential for serving as a witness. Victims that can give a strong statement on the witness stand tend to win a larger settlement.

What counts as pain and suffering?

Beyond physical pain, that area of damage includes metal anguish, anxiety, worry, trouble sleeping, and emotional stress.

What is comparative negligence?

A ruling of comparative negligence indicates that the claimant was partly responsible for the accident that introduced the issue that currently stands before the court. That ruling suggests that the plaintiff was a bit careless.

What are some examples of comparative negligence? The most common example is that of a passenger that has failed to wear a car’s seat belt. Yet even the victim of a slip and fall incident might get accused of comparative negligence.

That could happen, if the same victim had failed to don a decidedly sturdy pair of shoes on the day of the reported slip and fall incident. The lawyer for the defendant might argue that the victim’s poor choice of footwear had managed to increase the likelihood of a fall, after the victim finally had arrived at the scene of the falling incident.

More to explorer

Why It Pays To Settle Out-of-Court

Some claimants refuse to accept an offer that has been made by an insurance company, during an attempt at reaching a negotiated