While car accidents are not common, they are devastating to both parties – the victim and guilty party – when they do occur. The victim may suffer from substantial bodily and property injuries which may require substantial funds to completely recover from. If you have ever been a victim in a car accident, you need to consult a Personal Injury Lawyers in Red Deer for legal advice. You also need to read this article because you will learn how to get the settlement you deserve after a car accident.
What you need to do before going to court
Your lawyer will inform you that you must have attained maximum medical improvement (MMI) before you think about filing a claim and going to court. You are in a state of maximum medical improvement when future doctor visits would not improve your physical health. You will either have completely recovered or be partially or fully disabled for life at this point. You will incur many medical bills and you need to be in a state of MMI before you can enumerate the settlement you want in dollar amounts in your lawsuit. You can also include the monetary damages you will incur and additional future income you will forego as a result of your disability.
How to negotiate a settlement for your personal injury claim
Work with your personal injury lawyer to understand and calculate the full extent of two types of financial damages you will incur:
● Financial damages
● Noneconomic damages
The financial damages you have included any expenses resulting from the accident which you have to pay out of your personal funds. These include:
● Medical bills
● Income loss
● Travel expenses
● Personal care
● Medical equipment and medicines
● Physical therapy
Any noneconomic damages you may incur include mental, emotional, and physical suffering. Note that these damages may become financial damages if you have to see a psychiatrist and take antidepressant/anti-anxiety medicines because of your car accident. The same is true if you have to see a mental health counselor.
How punitive damages may apply to you
You should work with your personal injury lawyer to determine if you are eligible for punitive damages. These arise from gross negligence or willing disregard of your safety. The defendant is liable to pay for these or his insurance company is liable to give the payout if the settlement includes punitive damages or the court ordered it.
Reaching a settlement in a personal injury case is not rocket science. If you have legal help and some understanding of the personal injury law, you should be easily able to win the settlement you want in court.