Compensation for a personal injury is money provided to the victim to cover their financial, emotional, and physical losses caused by the negligence of another person. The objective of personal injury compensation is to make the victim whole again, which may not always be possible in terms of those suffering serious injury and loss. However, if you were hurt by another person’s actions and you have losses, knowing how to claim compensation is critical. Speak with a Tulsa personal injury lawyer today.
Types of Compensation in Personal Injury Cases
Personal injury compensation falls into several categories. Punitive damages include:
- Your medical bills
- Lost wages for missed work
- Future medical costs
- Loss of your property or damage to it
- Loss of earning capacity
- Out-of-pocket costs
To claim these losses, you will add up all of your financial documentation of loss, such as medical bills or the change to your income.
Non-economic damages include:
- Pain and suffering
- Loss of engagement in life
- Emotional distress
- Loss of consortium or loss of companionship
- Disfigurement
These types of damages are more complex because there is no specific piece of paper that shows what your losses are. Instead, you need to estimate this by one of several methods:
- Per diem: This method pays you a set amount of money, such as a day’s wages, for every day that you suffered pain and every day you will suffer pain in the future.
- Multiplier method: This method applies a multiplier determined by the severity of your accident, typically between 1.5 and 5 times the value of the economic damages you have.
Punitive damages may also be a factor in some personal injury cases. These losses are typically assigned by a judge who wants to punish the at-fault party for their intentionally harmful actions or reckless disregard for safety.
How to Obtain Compensation in a Personal Injury Case
Once you know what all of your losses are in a personal injury case, you can then file a claim against the at-fault party, which often means filing a claim against their insurance policy. This allows you to negotiate a fair level of compensation that meets your expectations. The more evidence you have to back up your case, the better. This often leads to a settlement, which means the insurance company will pay you a fee you agree on directly.
However, not every situation ends in a settlement. If the insurance company or at-fault party fights back and you cannot get to the point of fair negotiation, you may need to file a lawsuit in a court of law for the losses you have. A lawsuit takes longer and may be more costly to you and others. However, it provides a way for a judge or jury to examine the evidence and calculate what you should receive. In many situations, lawsuits become a critical factor in complex cases as well as in wrongful death claims.
Note that there are time limits and, in some situations, limits on the amount of damage you can recover. This depends on the type of situation as well as the losses experienced. If you are facing financial hardship and losses because of anyone’s actions or inactions, seek the help of a personal injury attorney who can help you determine the value of your case and handle the entire filing process on your behalf.