Protecting Your Rights with Personal Injury Compensation
January 27, 2017
Personal injuries cover a lot of ground: vehicular accidents, pedestrian accidents, injuries caused by defective products, inadequate or substandard care leading to injuries, dog bites, mechanical malfunctions, and poor maintenance that causes a person to trip, fall and get hurt, and negligence, among others. 45% of child injuries are caused by falls, and unintentional injuries have become the top cause for child deaths among children aged 1 to 14.
Seek Medical Attention First
Before you assert your rights to be compensated for personal injuries, it is critical that you seek professional medical attention as soon as possible. The road to recovery can be long, arduous, and expensive. Jumping the gun and asking for immediate compensation from the person who caused your injuries could mean that you don’t get fully compensated.
However, there is nothing wrong with looking for legal representation at the same time you are looking for treatment. A personal injury compensation lawyer can even help you find the appropriate treatment for you, as they have resources within the medical profession.
Types of Damages for Which You Can Be Compensated
Typically, damages awarded to victims of personal injury cases are compensatory, although in some cases, punitive damages are also allowed. The victim must prove that:
- There was negligence committed by the other party.
- The said negligence was the reason for the injuries.
- The behavior and conduct of the injured party did not contribute or was not negligent.
Compensatory damages refer to the following:
- Costs for current and/or future medical treatment for the injuries sustained or caused by the negligence (actual and estimated costs)
- Lost income and future earning capacity
- Damage to property
- Loss of services
- Mental anguish and stress
- Inconvenience, pain, disfigurement, humiliation, suffering, inability to enjoy life in the same manner before the accident
For pain and suffering, which are non-quantitative damages, various governments have placed caps, stating this amount is additional money to help a person in the most severe case of injuries such as a victim becoming a quadriplegic or death. In addition, you must meet the legal threshold of pain and suffering to be awarded compensation for pain and suffering.
Under the Family Law Act, the family members of the victim can file for the following:
- Financial loss
- Funeral expenses
- Travel expenses
- Housekeeping, companionship, care for the victim
Only direct family members can sue, which include one’s spouse, children, parents, siblings, and grandparents.
In 90% of personal injury cases, settlement is reached through mediation. Many parties agree to talk to insurance companies with an “I just want to get on with my life” attitude. This is not a bad idea if you have legal representation because court cases are unpredictable. They can run for months, or even years, before a decision is rendered.
Our company understands that accidents are unexpected and resources may be limited. We can discuss an arrangement involving a contingency fee, which is a percentage payable only after you have been awarded compensation for your injuries. Let us help you through this difficult time. Our lawyers are experienced professionals who are easy to talk to and can answer all your queries. Give us a call and let us remove the financial and legal weight from your shoulders.