Posted on March 19, 2012 by Fast Lawsuit Team
An accident can range from a simple fender bender, an embarrassing fall to something much worse. With the first, you just emerge a little shaken and perhaps with a dent on your car or a scratch on your arm. With the latter, the injuries may be catastrophic that they can change your life (and that of your loved ones) forever. That’s tragic enough, but what makes it worse is that you may not receive the compensation that befits your injuries unless you file a lawsuit against the other party (and their insurance company as well).
When it comes to personal injury claims, it helps to understand your rights to compensation. The other party may try to get you to settle for a certain amount, which most likely is smaller than the actual value of your particular personal injury claim. Before you sign anything, it’s best that you consult a lawyer to help you determine the full amount of the compensation that you should get.
Here are some personal injury claim areas that you should look into to make sure that you get a fair and just amount:
Liability. When liability can be proven to sit squarely on the other party’s side, you can work towards getting the maximum amount of compensation. In some states, if the accident was partly caused by your negligence as well, this can decrease the amount of compensation. It is important for you to be able to present proof with regards to the other party’s liability – that they indeed, by virtue of their negligence, mistake or willful act, caused the accident to occur. That is why it is important for you to document the site of the injury, as well as the doctor’s reports that show the extent of your injuries.
Type and Extent of Injury. Injuries can be minor, catastrophic or fatal. Compensation can be determined based on the type of injury you sustained. The type of injury will help determine future medical expenses, as well as the amount you may need for adaptive equipment and future expenses for therapy and home care. Injuries may fall under the following:
- Temporary partial disability. The total disability is only temporary and the patient is reasonably expected to recover from the disability. After which, the patient should be able to do activities he used to do.
- Temporary total disability. The patient is totally disabled during his hospitalization and recovery, but afterwards is expected to resume full function.
- Permanent partial disability. The disability is permanent, but the patient is still able to do some of the activities he used to do and is still able to work to earn some money up to a certain extent.
- Permanent total disability. The disability is permanent and the patient is not expected to recover from the impairment.
Please note that there are different definitions of disability (as it may apply in certain states). A person may be considered disabled if he is unable to perform the tasks he needs to do his current job.
Medical damages. Be sure to keep records of all your medically-related expenses. These include:
- Ambulance expenses
- Emergency and in-patient hospital bills
- Professional fees (doctors, chiropractor, surgeon, etc.)
- Prescription medications and over-the-counter drugs
- Diagnostic fees, laboratory fees
- Surgical apparatus or prosthetic appliances
- Nurse fees
You should also take into account future medical expenses if it can be shown that you need to get continued medical care.
Non-Medical “Special Damages”. This includes expenses during your hospital stay such as expenses for gasoline (going to and fro the hospital), lost wages, lost sick leave or vacation leave, hotel and food expenses (for the caregiver), as well as child care and household help during the hospitalization and recovery.
Lost income/loss of a Job. Not only should you fight for the income you lost while you were laid up and recovering. The compensation should also cover future lost income or the eventual loss of your job. You should also seek compensation if the injuries you sustained resulted in your needing to take a job on a part-time basis or a job that pays a lower rate.
Pain, suffering and mental anguish. In some states, there is compensation provided for pain, suffering and stress you underwent. This would cover the severity and length of the pain caused by the injuries, as well as the instances that cause or will continue to cause emotional or mental distress to you.
Loss of consortium. This covers compensation for the loss of “enjoyment” or benefits of a relationship. Your injuries may affect your relationships with your spouse and your family. For instance, you can no longer engage in sexual relations with your spouse, this is subject for compensation.
Depending on your injuries, you may stand to receive a considerable amount as your compensation. Of course, the other party would try to minimize the compensation they would have to pay you. A lawsuit will be useful in settling this issue.
However, a lawsuit is the last thing you need while you’re recovering from your injuries. You may need added funds to help ensure that your case is strong. During this time, you may already be burdened by medical expenses, as well as the need to provide for your family’s daily needs. Lawsuit funding will help you deal with these financial burdens.
The cash you get from a lawsuit settlement funding will give you ready funds. This way, you don’t have to be tempted to accept a low settlement offer from the other party. You can continue with the lawsuit or with negotiating a proper settlement amount.
If you are in need of a lawsuit loan, you can go to FastLawsuitMoney.com for fast and reliable processing of your application. With FastLawsuitMoney.com, once your application is reviewed and approved, you can get the funding in as quickly as 24 hours.