Car Accident Compensation Claims: What Types of Damages May I Claim?


When you get hurt because of another
person’s carelessness, you would expect them to pay you for the injuries you sustained.
In most cases, it is the faulty party’s insurance company that will pay you.

But what’s your claim worth? How do
you get the compensation? Some people go through insurance adjusters to
determine for them what we refer to as fair compensation. This is however not
the best option because insurance adjusters usually protect the interests of
the insurance companies.

If you’ve suffered car accident
injuries, there are various types of damages that you may claim. These factors
affect your car accident compensation.

Extent of Your Bodily and General Injury

To figure out the values of your
injury claims, your special damages or hard costs must be added to the general
damages you suffered as a result of the accident.

The “specials” or special
damages include lost income, cost replacement services, your expenses, and

It is easy to add special damages if
you have the receipts and bills. Just remember to add even the costs that were
covered by your own health insurer. The challenge comes in figuring out the
level of emotional distress, suffering, and pain you experienced as a result of
the injury. But if you have some evidence, your work will be easier.

Costs Must Be Reasonable and Necessary

The amount you present as your claim
must be reasonable. The claims adjusters usually don’t just agree with
everything presented to them. It is their duty to find out the claims are
“necessary and reasonable.” This protects the insurance company from paying out
fraudulent claims.

The adjusters already know the types
of injuries that are associated with car accidents and the expected costs for
treatments. Additionally, the claims will also get assessed by doctors who have
experience in the treatment of car accident victims. You risk losing your
compensation if you involve yourself in any fraudulent activity.

Venue of the Accident

The venue is the place where you got
involved in the accident and it is usually important in determining the amount
you can receive as compensation. This is also the same place where your case
will go on trial in case you decide to go to court.

Some sections favor the injured
party and in such a case, the adjuster may opt to pay a larger amount to
prevent the case from going to court. Let your attorney advise you on whether
to accept the out-of-court settlement or to file a lawsuit.

Affects Car Accident Compensation

Liability here means the person
responsible for the accident. If you are the one who is liable, the case will
be between you and your insurance company. But if somebody else caused your
injury, you will have to deal with their insurance company. In this case, you
will have to prove that the person is liable. If you are unable to prove it,
you will not get any compensation.

You have to prove to the other
insurance company that their insured client caused your injury. This might have
been through negligence, did something wrong, or had the responsibility of
ensuring you’re not injured.

Shared Liability

Shared liability means both you and
the other person were responsible for the accident. The adjusters will try by all means to show that you are
the one to blame for the accident. In case they succeed in doing so, the amount
you can receive will get reduced or your claim can get rejected.

Try as much as possible to deny that
you also had a role in the accident. There are two separate rules that govern
this depending on which state you are coming from; the Contributory Fault Rules
and the Comparative Fault Rules.

Fault and Comparative Fault

Contributory fault means you share
some responsibility in your injuries. If that is the case, and even if you
contributed to only one percent of the blame, the insurance company will use
the contribution negligence clause to turn down your claim. This rule is only
applicable in some states.

Some states use the pure comparative
fault rules. If you are from such a state, you can seek and get compensation
even in the case of shared liability. If you are not sure what rules are
applicable in your state, you can discuss more
your case with your attorney.

Evidence Is Good for Your Claim

After an accident, you need to
collect as much evidence as possible because the amount you can claim will
depend on this evidence.

The evidence should focus on the
scope of your suffering and pain and how severe the injuries were. It should
also point to the fact that the insured party had a direct cause in your losses
and damages.

The evidence will include notes
about your injuries and recovery, wage statements, witness statements, police
reports, videos and photographs, and your medical bills and records.

Victim Accidents Can Affect Your Car Accident Compensation Claim

When you got in an accident
involving many vehicles and where some other people were also injured, it may
be difficult to determine who is responsible for your injuries and the amount
you will receive as compensation.

Even if your cost of treatment is
reasonable and the injuries real, the amount you can receive will get limited
by the policy limits of the insurance company of the driver who is at fault.
The amount awarded in such cases gets shared among all those who got injured
and the amount you will receive will depend on how your attorney argues your

an Experienced Lawyer to Make Your Car Accident Compensation Claim

Car accident compensation claims
require the services of highly qualified and experienced attorneys. As can be
seen, when you get involved in an accident, your attorney will have a bigger
role to play in determining the amount you will receive in the form of

Commercial vehicle policies can have
million-dollar limits but the amount you will receive will be limited by the
extent of your injury, whether it is mild, severe, or very severe.

If you want to learn more about
lawyer services, be sure to explore our website.

The post Car Accident Compensation Claims: What Types of Damages May I Claim? appeared first on Bitter Empire.