A primer about accidents and injury claim settlements
When facing some personal injury, the first thought that crosses your mind is to figure out how to lodge an insurance claim for compensation. It is quite natural because you have an insurance policy in place to make good the losses. Whether the injury happens from slip and fall or car accident or something else, the insurance company is liable to compensate you for the injuries and losses, but it is only one side of the story. The other side, probably a more attractive option, is that you can take the legal route for claiming compensation for damages and injuries because the law confers the right on you to seek higher compensation. To tap into the legal system to claim compensation for the personal injury you must contact Ask 4 Sam NYC injury lawyer to present your case with the assurance of a favorable outcome.
When you look at the compensation provided by the insurance company and compare it with what you could have got by filing a personal injury compensation claim you will find that the benefits are much more in the latter case. The insurance company would be ready to settle your case but with a rider that you will not pursue the case in the court of law on the grounds of personal injury claims. Insurance companies want to save the legal expenses of defending the case in court. It also appears to be beneficial for you as the settlement is quick because the court process can take several months and may even run into a year.
By accepting the settlement of the insurance company you get some comfort, but you deny yourself bigger and more rightful compensation that a personal injury lawyer can help you to win.
Insurance companies are keen to avoid courts
When you receive injuries from accidents or otherwise due to someone else's fault, it is quite natural to fall back on the insurance policy to seek compensation for losses and damages. The claim may be against your own insurance coverage, or you can claim compensation as a third party by lodging the claim with the insurer of the erring party. The insurance companies have two objectives when settling claims – managing risks and minimizing costs. The insurer will work towards a settlement that makes you happy within the scope of the policy but always prefers to award moderate compensation while making it sure that you will not pursue the case legally any further thereby absolving the insurer of all liabilities.
Insurers would never like to allow any personal injury case go for the trail as there might be some unpredictable outcome in your favor to award thousands of dollars in settlement instead of the moderate sum that the insurance company would pay. However, the court absolves the insurance company from any liability.
Damages and settlement explained
Whether you file a claim with the insurance company or pursue the case in court for personal injury compensation, you will frequently come across the terms damages and settlement, which needs some explanation. You must understand the terms in the legal perspective because according to the personal injury parlance the compensation package comprises of general damages and special damages. To make things simpler, special damages are those in which monetary values are determined directly with documentary evidence like medical bills, work contract, receipts, lost wages, property damage, etc. and thus referred as economic damages. General damages also known as non-economic damages are the losses and harm arising from the injury that is subjective, meaning it is not possible to quantify it. Things like loss of enjoyment in life, pain, and suffering, disfigurement, lost companionship and related harm due to the accident and injury that resulted in medical treatment.
Receive compensation for pain and suffering
Although the insurance company will not compensate you for the pain and suffering, there is legal provision for compensation on this account within the personal injury laws. If you receive injuries in an incident where the other party was at fault or your fault was just too minor, the personal injury lawyer will help you to get some money on account of the pain and suffering that you had to go through. The compensation amount will be commensurate to the extent of injury meaning that for short-term minor injuries it will be a token amount. For more serious, long-lasting and painful injuries the amount of compensation can go up considerably.
Medical bills are payable
Any injury settlement done by the insurance company or the court takes into account the medical bills that you had to pay. On producing the medical bills that you have paid, you qualify to receive the reimbursement. You will receive full compensation for the medical expenses borne by you but must produce the documents in support of the claim. In addition, you will also receive payment for all future medical expenses that you are likely to incur to complete the treatment and become fit once again. While receiving compensation for the medical bills already paid, keep in mind that if the insurance provider has already paid some or all the bills for which you receive compensation, the insurance company will impose a lien on the part of your settlement.
No minimum settlement amounts
Every case of personal injury is unique having its own strengths and weaknesses which makes it imperative that there cannot be any minimum compensation amount. Several factors come into play when deciding the compensation payable. The most important is the nature of the injuries of the plaintiff and its seriousness together with its long-term impact on health and life. Whose fault it was is also a determinant factor to work out the compensation as also the willingness of either party to seek the court’s involvement for claiming damages.
When filing a personal injury lawsuit, you need not pay anything upfront or intermittently to the lawyer because they work based on a contingency fee. You will pay the lawyer only when your case reaches a favorable settlement. However, the settlement offer is not binding on you as you can reject it.