Recovering costs incurred on personal injuries suffered from a car crash could be as simple as getting paid by the insurance provider of the driver at fault. If the car collision resulted to more than just bodily injuries and damage to property, the aggrieved party has the right to claim more than just the medical expenses and cost of repairs, but also for the resulting “pain and suffering”
However, claims for costs of “pain and suffering.” is a subjective matter, which most third party insurance companies will not readily agree to when they deem the amount unreasonable based on their calculation, If the injured party remains steadfast with his claim, and his lawyer gives advice that the matter is worth bringing to court, a lawsuit may be filed in order to enforce payment.
Filing a Personal Injury Lawsuit as an Effective Method of Demanding Payment of Claim
Filing a personal injury lawsuit involves incurrence of litigation fees and other related costs borne by both parties. Yet it is also deemed as effective in forcing the insurance company to offer a settlement amount considered as reasonable by the complainant. Still, filing a lawsuit does not always work in favor of the party claiming settlement as the third party insurance firm may also consider the claim for compensation as worth challenging in court.
If so, both parties will be burdened with hefty litigation costs, as trial proceedings often take time before a court ruling can be obtained. Oftentimes, claims for compensation other than for medical expenses and damage to property will be examined closely to determine if the amount being claimed as settlement is reasonable or not.
Aside from Medical Expenses and Value of Property Damaged, What Other Personal Injury Costs Can be Claimed ?
When a personal injury claim is brought to court, the injured party or plaintiff will be under advise by his attorney to include other claims on top of the medical expenses and value of the damaged property.
Personal injury claims may include values for lost income as well as for ”pain and suffering.” Depending on the seriousness of the bodily injuries sustained and/or the recovery period, claims for permanent disability or permanent disfigurement, combined with resulting emotional suffering can also be included in determining the amount of personal injury claim.
Quantifying those components into amounts is often the bone of contention. The traditional methods of calculating claims are by multiplying the value of medical expenses incurred plus the lost income; or by determining a per day value of personal injury loss based on medical bills and lost income.
The multiplier can be the conventional 3-year factor, or the number of days by which the plaintiff is expected to live without income. In such cases, younger but seriously injured plaintiffs can demand higher settlement as they had the potential to earn income for a longer number of years, were it not for the car crash injury.
Nowadays, insurance companies use complex software programs in determining the values by analyzing the seriousness of all factors surrounding the personal injuries. The value arrived at will then serve as the benchmark on what to offer as settlement. However, when a lawsuit is filed, the potential litigation costs will be acknowledged as a determining factor. Yet if the plaintiff will also be burdened by litigation costs, the insurance company will hold out until the plaintiff caves in into accepting a lower settlement offer.
Still, as there are now pre settlement lawsuit financing entities, plaintiffs claiming for personal injury compensation who have great potential of winning their case, simply seek for a lawsuit loan from among the best companies doing business in their region