Claiming for damages after an accident can feel like a very daunting process. Most people are completely unaware of the process involved in making a claim, what you can claim towards, and how long the legal case is expected to take.
Types of damage claims
In various parts of the country, such as in Colorado, there are unique state laws that work differently from other parts of the country. For example, there is an unlimited cap on claiming economic damages – the biggest part of your claim. This includes everything from hospitalisation, cost of home nursing care, and driving mileage used to get to your medical appointments.
Economic damages refer to damages that are clearly quantifiable and address the more straightforward payments you would need to make during your time in recovery from your accident. Keep in mind that for these costs to be considered legal evidence – especially if your case should go to court – you need to maintain accurate and up-to-date files of all the medical records, bills, and doctor’s notes you’ve obtained.
What are non-economic damages?
In addition to economic damages, there are also those which are known as non-economic. These costs incurred are more indirect and refer to claims for pain and suffering. A more nuanced assessment of the total accident damage, financial compensation for your pain and suffering is very difficult to evaluate. It may also not be common knowledge that there are various caps on your non-economic accident claim.
The different caps depend on the exact type of the accident, as well as certain dates. But overall, if convincing evidence is presented to show that the pain and suffering are worthy of higher financial compensation, the standard capping can be doubled. It is always good to know in which cases you could be entitled to a greater claim settlement.
With the help of a lawyer, you can accurately evaluate all future losses as they relate to the damage from the accident. And it should not be undermined that this calculation requires serious expertise.
If you were involved in a car accident and suffered a brain injury, recovery will be long-term, and evaluating costs will be complex. Here are some common injuries you may have experienced after an accident. And if this is the case, it is advised to contact a personal injury lawyer to see to your case urgently.
1. Spinal cord injuries
A very common injury that exists on an impairment spectrum. spinal cord injury takes many years to recover from, if ever. If you have been hurt in an accident, you may be experiencing some extent to this type of injury. Unfortunately, incomplete injuries may take years to resolve. Recovery for this type of trauma is extensive and involves many costs. Contacting an experienced lawyer will put you at ease that your case will be financially taken care of.
2. Medical malpractice
Malpractice occurs when trusted professionals knowingly don’t follow the correct protocol of standard care practices. Offering sub-standard treatment can lead to, but doesn’t necessarily imply negligence, though they often occur together. Despite being financially capped, there are cases in which you can expect a greater payout for suffering and pain if you can prove it has been significant or life-threatening.
3. Multiple bone fractures
A last common reason for needing a personal injury lawyer is if you have suffered multiply bone fractures as a result of an accident caused by someone else. Insidious fractures that may never heal not only cause pain and suffering but also contribute to emotional distress and a loss of enjoyment of life.
4. Traumatic Brain Injury
Though not all individuals who acquire a traumatic brain injury will suffer long-term consequences of disability, did you know that according to the CDC, an estimated 1.5 million Americans sustain some type of TBI every year? For these injuries, motor vehicle accidents are the leading cause. However, other causes of traumatic brain injury include slips and falls, as well as assault involving the use of a firearm.
It is possible to receive satisfactory financial compensation after your accident – enough to relieve the pressure of the accident and all that you will still need to work through for your recovery. But, unfortunately, without the intervention of a legal practitioner who is sufficiently equipped to deal with your case, it is unlikely that you will get the most out of your claim by yourself. This is not because you can’t access this information yourself, but rather that most people are not told that time is of the essence.
There are certain time periods within which you have the right to claim damages and suffering. If you are not aware of administrative deadlines to file certain paperwork, important dates will be missed and this may impact the entire outcome of your case. Get the legal help you deserve, it will be worth every single cent.