Personal Injury

 

For your injury to be considered a personal injury worthy of compensation, someone else must be at fault. Some examples of these claims are:

  • Automobile accidents
  • Medical malpractice
  • Mesothelioma/asbestos cases
  • Product liability
  • Defective medicines
  • Slip-and-fall injuries
  • Workplace injuries that are not considered workers’ comp claims

 

If you fall and are hurt on someone’s property, you and your lawyer must prove that the owner of the property was negligent in maintaining the property, directly leading to your injury. In a car accident situation, it is considered a legitimate personal injury case only if the other driver was deemed to be at fault.

 

In a personal injury case, you are entitled to recover all of the damages you have suffered, including:

  • Lost earnings
  • Lost earning capacity
  • Medical bills
  • Future medical expenses
  • Permanent impairment
  • Pain and suffering
  • Loss of enjoyment of life
  • And more

 

If a person and his or her insurance company are deemed liable for your accident, you should be paid for:

  • Medical care and related expenses
  • Missed work time or other lost income
  • Pain and other physical suffering
  • Permanent physical disability or disfigurement
  • Loss of family, social and educational experiences
  • Emotional damages resulting from any of the above

 

Insurance adjusters use a “damages formula” in order to help put a dollar figure on your pain, suffering, missed experiences and lost opportunities. The adjuster starts by adding up total medical expenses, often referred to as “medical special damages.” As a way to begin figuring out how much to compensate you for the remaining damages—together called “general damages”— the insurance adjuster will multiply the amount of special damages by about one-and-a-half to three times when the injuries are relatively minor, and up to five times when the injuries are particularly painful, serious or long-lasting. After that amount is arrived at, the adjuster will then add on any income you have lost as a result of your injuries. That total becomes the number from which settlement negotiations begin.

 

Several other things will determine if your claim falls on the higher end of the spectrum:

  • The more painful the type of injury you suffered
  • The more invasive and longer-lasting your medical treatment
  • The more obvious the medical evidence of your injury
  • The longer the recovery period from your injuries
  • The more serious and visible any permanent effect of your injury

 

For more information about Personal Injury benefits, contact Wolfe Williams and Reynolds.