What Constitutes A Legal Accident Injury Claim?
An accident injury claim is the compensation sought by an auto accident victim for the pain and suffering (both physically and mentally) he has experienced as a result of the accident. The claim can be made against the erring party, his insurance company and even from the victim’s own insurance company. Most claims are obtained through negotiation and settlement but some are prosecuted in court. While no one can put a price to the pain and suffering experienced by a person in a motor vehicle accident, he should at least get compensation for the actual expenses spent for medicine and for the disturbance caused by the accident to his work and his life. The price paid for his injury is really not a lot (in the sense that no amount can compensate for bodily aches and injuries) considering those bumps, bruises and wounds. Of course he gets paid for this but the amount is always minimal as there are states that limit the amount of compensation that he can get.
A person who becomes involved in an auto accident should have himself checked by a doctor to determine his medical condition after the accident. Some injuries are not easily diagnosed just after the accident and it is best to undergo a series of examinations like CT scans, blood tests and the likes to make sure that he has everything in order before making his claim official.
In most cases, the actual expenses for medical bills, prescribed medications, therapy and reimbursements for auto repairs are usually paid up front by insurance companies. However, non-economic damages like loss of work opportunities, pain and suffering are paid by the insurance companies depending on the settlement agreed upon (if the parties settle the matter amicably) or depending on the ceiling placed by the State law on such claims (if the case is brought to court).
Here are some of things that you can include in your accident injury claim: 1. Medical Expenses - This refers to the actual expenses for the payment of hospital bills to treat the injury suffered after the accident, doctor’s fee, medication which are to be taken even after treatment, therapy and medical accessories or gadgets that are required considering the injury sustained by the victim. This can also include the expenses for medication or treatment that are necessary to help the victim get back to his pre-accident health. 2. Physical and mental pain - This refers to physical pain ad well as the mental pain (anguish, distress, trauma, etc.) suffered by the victim as a result of the accident. Experts will be needed to determine the amount that can somehow compensate for such physical and mental suffering. 3. Payment for lost opportunities, income capacity and lost wages - This refers to the wages that would have been paid the victim had he been able to continue his work sans the accident. Even victims who were unemployed at the time the accident occurred can still claim for damages. The victim can also prove that the injuries suffered as a result of the accident has impaired his ability to get future work opportunities and he should thus get paid for it. 4. Loss of Consortium - This may be strange but this is claimed by a spouse who suffers the lack of inability of the victim spouse to fulfill his marital responsibilities due to the injury suffered from the accident. In some cases even the injured spouse can claim compensation for this if he is unable to continue with his regular marital activities like having sexual relations as a result of the accident. Some people may think that accident injury claims refer only to the physical injuries suffered by the victim. However, a closer look at auto accident loss and the corresponding compensation benefits will show you that both mental and physical suffering can be included in an accident injury claim.
Motor Vehicle Accident
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