Filing a Claim
Looking for a lawyer for an injury in Marietta?
When filing a claim following an auto accident, many people wonder how much their claim would really be worth. Auto accident claims fall under the legal category of
personal injury. In this field of law, "compensatory damages" are the most common type of award for injuries. Compensatory damages are intended to compensate the injured party and their family for the losses, both material and physical, that resulted from the accident. There are several factors that contribute to the value of a claim.
- Medical Treatment can be very expensive depending on the injuries. Health insurance only covers an individual to a certain point but any surgery or medication costs and go above and beyond the insurance coverage are left to the victim to pay. These can devastate a victim and their family financially. Injured individuals have had to take drastic measures to pay back medical costs after an accident. If your accident was due to someone else's negligence or wrong doing, you can include medical treatment in your claim for compensation. This would cover the costs of medical treatment you have already received but also the cost of any future treatment you made need to continue in your recover such as follow-up visits, medication and physical therapy.
- Loss of Income is also a contributing factor to the value of a claim. Injuries that leave the victim unable to function normally, either temporarily or permanently, may warrant compensation for the loss of income. If the victim is unable to work for any amount of time due to his or her injuries, those losses are factored into the value of the accident claim. If the individual filing the claim is successful, the calculated loss of earning capacity may be included in compensation.
- Loss of Property can be added to a claim if any vehicles, clothing or other valuable items were damaged or lost during the accident. Reimbursement may be available for repairs or compensation may be granted for the fair market value of the items lost.
Pain and Suffering compensation is awarded for the pain or serious discomfort experienced because of the accident. This would include both physical and mental suffering. Emotional distress is usually linked to more serious accidents that result in devastating or
catastrophic injuries. Victims may be awarded compensation above and beyond the pain and suffering claim for the psychological impact of an injury. This may include fear, anxiety and even loss of sleep.
- Loss of Enjoyment can be added to your claim when injuries from the accident keep you from enjoying your normal daily pursuits including hobbies, physical exercise and recreational activities.
- Loss of Consortium concerns the inability to continue a family relationship because of injuries caused by the accident. This typically relates to the loss of companionship with a spouse; for example, the inability to maintain a sexual relationship because of an injury would be fall under the loss of consortium in addition to the other categories of the claim.
Determining Who Was at Fault:
The legal term "at fault" literally means that the specific person was found to be the cause of the accident. In cases where the "at fault" driver's actions are deemed particularly careless, the injured victim may be awarded punitive damages on top of any compensatory damages. While the plaintiff is awarded these damages, their main purpose is to punish the driver at fault for his or her negligence.
One important factor that may affect the value of a claim is whether the injured party played any role in the accident. In some cases, the injured person's role in causing the accident can diminish the amount of damages available for the specific case. "Comparative negligence" links damages to degree of fault in an accident if the plaintiff was even partially at fault for the accident that caused their injuries.
Looking for an attorney for a car accident in Marietta?
At Jones & Swanson, we are dedicated to assessing the full extent of your injuries and fighting for the maximum amount of compensation for you. Our firm's personal injury lawyers have experience and skills in the field that have given them a reputation of excellence in both legal and local communities. We understand the difficulties that come with sustaining injuries from an auto accident and that no two accident cases are the same. That is why we provide personalized service to each client and take the time to understand their needs and desires so that we are better able to help them accomplish their goals.
The attorneys at Jones & Swanson are experienced in the area of auto accidents, which makes them able to determine the value of a claim by considering all the dynamics that may contribute to it. In addition to those stated above, the age of the injured victims, the
types of injuries caused by the accident and the extent of the vehicle all merit special skills to recover the right amount of compensation. Witnesses to the accident, the location where the claim is filed and doctors' opinions for both parties involved can also factor into the value of a claim. Because these endeavors are especially sensitive and require superior skills, it is in the best interest of the injury person seeking compensation to hire experienced representation to ensure that their best interest is adequately protected.
Pursuing a personal injury claim for an auto accident can be very intimidating. If you have been injured in an auto accident and are considering pursuing compensation, contact a personal injury lawyer in Marietta who can help you understand the process and who will fight for your best interest.