Unfortunate instances may happen unexpectedly, and when you get into an accident, you don’t know.
This is a frustrating phase when you have to get medical attention, have your vehicle fixed, and bring your life back on track as quickly as possible. Sometimes, it may be so life devastating when the injuries cause permanent damage, and your life is never the same.
Aside from working on your life and yourself, you’ll also have to go through the system of claiming insurance benefits to seeking payment from the other party, which is a lengthy and unpleasant thing to do.
What Is a Personal injury?
“Personal injury” is the legal term for an accident or illness resulting from another party’s carelessness. If this is the case, you may be able to sue for damages and recover money from the responsible people or party.
In a variety of scenarios, personal injuries can be caused, including:
- Malpractice in the healthcare industry
- While traveling or on vacation
- Workplace exposure to hazardous chemicals such as asbestos
- Assault against another person
- Combat-related mishaps
- Defective products
What Are The Time Limits For Filing A Personal Injury Claim?
A personal injury claim usually has a three-year time limit to file a claim. You have three years from the date of:
- What happened when and where did you become hurt or sick?
- The day you learned you had a disease that was brought on by your job (illnesses caused by exposure to asbestos, for instance, can take decades to develop)
- Your loved one’s death date, when you learned the reason for death.
However, there are some exceptional cases which are mentioned below:
- An injury that happened before the age of 18 can be claimed up to 21 for children.
- Those who lack mental ability have no limitations.
- Unforeseen incidents or sickness abroad – international time restrictions may be shorter.
- Criminal Injury: Claims submitted under injuries caused due to a criminal act by someone else, must be brought within two years.
- For faulty items that should be replaced must be made within ten years of the product entering circulation in addition to the regular three-year time restriction.
Whatever be the cause of your injury, we recommend you contact an experienced lawyer in Windsor, as soon as possible to begin investigating your claim.
What are the compensations that I can expect after an accident?
Every year, over 1.5 million personal injury claims are filed all over the world, with many plaintiffs juggling electricity bills, vehicle payments, and other monthly responsibilities.
There are several types of damages available, but the two major ones are the economic and non-economic damages that we have discussed here.
During a settlement, an insurance company’s primary aim is to reduce the amount of money a victim should receive while increasing their chances of avoiding legal action. The goal is fundamentally at odds to receive the money you deserve to go on with your life.
Compensation for economic damages
Economic damages are the main criteria of focus for insurance companies when they offer a settlement offer and ignore the non-economic damages that we shall discuss below.
Economic damages include all medical-related charges and expenses incurred due to the accident, such as ambulance fees, medical bills, and the cost of treatment and post-treatment procedures, among other things.
Economic damages also include lesser medical expenses such as co-payments, prescription prices, your insurance deductible, and anything else that costs money due to your medical care.
Besides medical expenses, losses may include lost pay, paid time off, and any other impact on the victim’s ability to earn the same wages they did before the accident. These damages will include long-term disability or loss of capability for undertaking employment training to learn to upskill and get a job after recovering from the injuries or permanent harm.
There are several additional economic losses in addition to those stated, and an experienced attorney can assist you in identifying and calculating them for you.
Non-economic losses are more difficult to calculate than economic damages, and as a result, they are sometimes the most contentious aspects of a personal injury lawsuit. They are the damages that demand remuneration for items with no monetary worth.
Because these aspects of negotiation are abstract, an insurance company will focus on them as the best way to limit their liability.
Non-economic damages include the physical pain and suffering caused by accidents and the mental and emotional effects these injuries have on the sufferer.
A competent attorney will gather all of these damages and then apply a few ways to calculate the monetary figure that is both clear and practical. They often pick a number on a scale to represent the severity of the damages and multiply that number by the economic damages.
Besides the damages mentioned earlier, if the victim dies due to their injuries, then the immediate relatives or spouse can claim wrongful death compensations. Below are the criteria included for wrongful death claims.
Wrongful death damages
Examples of wrongful death damages include:
- Costs of funeral and burial
- These expenditures can be reimbursed or mitigated with the aid of wrongful death compensation.
- Medical expenses before the incident of wrongful death
- If a loved one was injured in an accident and needed medical care before they died, their family may demand assistance paying for that care and treatment cost.
- Loss of consortium/companionship: When a loved one succumbs to personal injury caused by another person’s negligence or intent, the surviving spouse of that individual may be entitled to compensation for loss of companionship. It alleviates the emotional torment caused by the loss of a relationship.
- Loss of financial contribution: This compensation is intended to compensate the sufferer for the loss of their primary breadwinner. It is especially beneficial for couples with children or for whom the victim was the only earning member of the family.
- Grief/mental agony of remaining family members: This type of compensation is designed to assist surviving family members in helping them continue with their lives when a loved one has been killed by the negligence of another person or entity (wrongful death).
How Long Does It Take To Resolve A Claim?
Trying to estimate how long it will take to resolve a personal injury claim is challenging. The time it takes to process a claim is determined by the following variables:
- Injuries and illnesses of varying severity
- Whether or not you’ve accepted responsibility for your injuries
- The complexities of an injury
- How much time does it take to gather evidence?
You should take into account the long-term effects of your injuries when determining your compensation. This is critical because if we calculate or settle your claim too early, you may receive less compensation than you are entitled to.
There you see, compensation for the non-economic damages is the most challenging aspect of your claim, and often they are where insurance companies try to trick the victim. It is important that you hire some help from your local area.
If you or your family member suffered a personal injury, make sure to hire a good Windsor auto accidents attorney with whom you can discuss your case and receive the compensation you deserve or file a lawsuit if required.
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I am Adeyemi Adetilewa, a media consultant, entrepreneur, husband, and father. Founder and Editor-In-Chief of Ideas Plus Business Magazine, online business resources for entrepreneurs. I help brands share unique and impactful stories through the use of public relations, advertising, and online marketing. My work has been featured on the Huffington Post, Thrive Global, Addicted2Success, Hackernoon, The Good Men Project, and other publications.