Car accident compensation often varies in amount, and what you get after the incident depends on the basis of your claim. To ensure that you maximize the reimbursement amount that you will be receiving, it is crucial to understand how to best go about making an insurance claim.
Your damages could add up to more than you think. It is always best to seek the advice of a Calgary car accident lawyer before making your insurance claim. Because no two car accidents are alike, there is no way to predict what your settlement might end up being. You can make sure you get enough money to cover your expenses, though, by knowing what the law dicitacts and by understanding how to best present your side of the case.
WHAT IS COMPENSATION IN A CAR ACCIDENT CLAIM?
Compensation in a car accident claim is a monetary award or another form of payment which is given to an injured party as part of a legal judgment.
In general, if someone is injured due to a mishap caused by another person’s negligent or reckless actions, that individual can file a personal injury claim against the at-fault party to seek compensation for any damages which they have caused.
There are three types of damages which people may recover compensation from:
- ECONOMIC DAMAGES
Compensation for economic damages covers both past and future medical bills, lost wages from time missed from work, and property damage expenses related to the accident. Oftentimes, compensation for these types of damages is difficult to quantify and require the expertise of professionals who are well versed in the domain of personal injury law.
- NON-ECONOMIC DAMAGES
Compensation for non-economic damage is intended to alleviate or atone for the pain and suffering, or loss of quality of life which the injured party experiences.
- PUNITIVE DAMAGES
Compensation for punitive damage only holds up in court in specific situations. More specifically, this type of compensation can be sought after if the at-fault party was reckless or exhibited behavior that warrants retribution above and beyond regular compensation. For example, someone might ask for punitive damages if a drunk driver has several prior DUI (driving under the influence) convictions.
TYPES OF COMPENSATIONS FOR INJURIES
Compensation for injuries varies depending on the severity of an injury and its long-term effects. Pain and suffering are common in most personal injury claims, but other aspects might be unique depending on the particular type of injury which was sustained. For example:
- MEDICAL BILLS
Medical bills can become very costly after a vehicle mishap, especially if one requires surgery or multiple medical treatments. While it may be possible to seek compensation from a health insurance provider, most people who file a claim do not have comprehensive health insurance coverage, so they must pay out of pocket for their care. Hence, oftentimes, the wounded party will seek compensation to cover these expenses and any future medical costs related to the injury.
- LOST OF INCOME
In cases where someone has missed work due to a motor vehicle accident, a claim would be made to ensure that he or she is well-compensated for the cost of lost wages overtime. A vehicular accident can often involve injuries that may not be readily apparent, but require extensive recovery times, which means one could miss many days of work.
- PROPERTY DAMAGE
Motor vehicle accidents almost always involve property damage. Depending on how badly the injured party was hurt, claims pertaining to property damage might be filed in unison with other types of compensation claims. It’s important to note that some provinces limit the amount that one could recover from property damage claims if no one was killed or critically injured.
- WRONGFUL DEATH
Wrongful death claims are highly complicated and are only filed in a particular set of circumstances. In order for an individual to file a wrongful death claim, he or she must be able to prove that they are an heir or close family member of the deceased. Those who file a wrongful death claim must also demonstrate evidence that proves their case against those responsible for the individual’s death; otherwise, there is a very small chance of receiving compensation for any damage which has incurred.
- PAIN AND SUFFERING
Claims made for pain and suffering are often quite subjective and difficult to calculate. However, if an individual’s pain and suffering are severe enough, he or she will most likely receive compensation. The compensation amount will be dependent on a variety of circumstances which will be carefully analyzed by the courts.
- MENTAL DISTRESS
In order to make a claim for mental distress, one must be suffering from emotional or mental trauma, damage to his or her reputation, or financial loss incurred from paying for the assistance of an accident claims lawyer.
HOW DO I GO ABOUT GETTING COMPENSATED FOR TYPES OF DAMAGES?
The process involved in seeking damages is highly complicated because so many variables come into play. Each case will have a different set of facts and evidence, such as who was at fault, the range of one’s injuries, and the type of damage which has been inflicted as a result of someone else’s negligence.
Since it’s so difficult to estimate the compensation which you will receive or whether or not you’ll receive an award at all, most people often seek help from an experienced personal injury lawyer when making motor vehicle claims.
WHO IS LIABLE FOR DAMAGES
If someone files for a personal injury claim, it is only one-half of the equation for determining liability. The second part of the process concerns establishing fault, which means demonstrating that someone else’s negligent or reckless actions caused the injuries in question. This can be tricky, as it questions an individual’s state of mind when he or she was involved in the incident.
If someone tries to blame another driver after being rear-ended, they must prove that this person was negligent when they struck them from behind, not just that their car happened to be in front of him or her at the time of impact. After establishing fault, third parties are generally not liable for damages unless they have participated in illegal behaviors during the mishap.
TYPES OF COMPENSATIONS FOR PROPERTY DAMAGE
The types of compensation for property damage vary depending on the circumstances. A successful claim would encompass solid evidence which proves that your vehicle has sustained damage as a result of being struck by another vehicle.
Take note of the following examples to ensure that your property damage claim is handled accurately:
- If your vehicle suffered only cosmetic damage, you could file a claim with the person’s insurance company without filing a lawsuit. The other driver’s insurance will pay to repaint or repair the damaged parts on your vehicle. If you are willing to settle out of court with them, there is no need for further legal proceedings. However, suppose you require more extensive repairs. Taking that into account, it necessitates taking the matter to civil court and suing the other party to receive compensation for any damages exceeding essential repainting or repair fees.
- Suppose another driver was at fault, and your car has sustained more than just minor cosmetic changes. In this case, the at-fault party’s insurer would be responsible for repairing or replacing your vehicle.
THE ADVANTAGES OF HIRING AN EXPERIENCED CAR ACCIDENT LAWYER
If you require assistance with your injury claim, you should hire a legal professional who understands the complicated process of filing a lawsuit for damages. His or her experience will prove invaluable in providing you with advice and guidance throughout the whole proceeding, such that you can take full advantage of all existing opportunities to receive payment from a successful court settlement.
When hiring a car accident lawyer, make sure to look for one who is able to work with you to establish sufficient evidence to support your claims. This way you can receive compensation that you deserve. Having a lawyer also ensures that all options have been investigated thoroughly before payment agreements are finalized.
An excellent personal injury lawyer will guide you through the entire legal process and make sure you understand all angles of your case before taking necessary action in filing a lawsuit. They will also handle everything from beginning to end, so you won’t have to worry about anything.
HERE ARE SEVERAL FACTORS WHICH YOU SHOULD CONSIDER WHEN HIRING A LEGAL REPRESENTATIVE:
- WHAT CAN THEY DO FOR YOU?
A reputable legal counsel is there to ensure that their clients receive the highest level of care in these sort of challenging situations. These individuals will handle every aspect of the claim, from beginning to end. They will not rest until a settlement has been reached. Though no one wants any involvement in a vehicular mishap, the best thing you can do to ensure your claim will be successful is to find an experienced counselor-at-law early on and work with him and her throughout the process.
- OUTSTANDING TRACK RECORD
When hiring a personal injury lawyer, always ensure that he or she has an outstanding record of winning the majority of their cases. Before hiring any auto accident law firm that makes high claims about representing you successfully in court or getting your claim accepted quickly, you should ensure that proof of their previous successes exists. An experienced legal professional will be more than happy to provide you with evidence of their past achievements.
If you’re dealing with car insurance companies and need help with filing a claim, finding the right legal partner should be your first step. With their assistance, you have the best chance at receiving the compensation that you deserve.
- PROVIDE FREE INITIAL CONSULTATIONS
Before processing you for any services, many personal injury lawyers will provide a free consultation and address all of your questions.
- REFERRALS FROM OTHERS
It may not hurt to get a few recommendations from family members or friends when looking for an experienced accident claims lawyer who will be able to provide you with quick and high-quality services. What better way to ensure that you have found a reputable lawyer then by relying on those that you trust.
- LEGAL REPRESENTATIVE WHO OWNS THEIR FIRM
A lawyer who has their own firm will spend more time on your case than one working under another law firm. This is because the individuals in the latter situation often have to split their attention between multiple issues.
After a vehicle disaster, the compensation you may receive can determine how well you are able to support yourself and your well-being. Hiring reliable legal counsel to handle your claim is always the best option to ensure that you are following the law among the local authorities, you receive the compensation that you deserve, and you have all necessary documents completed on time for when they are required.
Partnering with an auto accident law firm known for handling injury claims will be a game-changing move. Don’t wait, so contact them today before settling with an auto insurance company!