If you’ve suffered an injury in an accident that wasn’t your fault, you may want to consider making a claim. One of the first things you may inquire about is how much your claim is worth.
There is no single answer to this query as the compensation amount will vary depending on the circumstances surrounding the claim. It may also depend on factors such as the length of hospitalization, time taken off work for recovery, age, and the type of injury sustained.
But before you make a claim you must have the evidence to show that someone else is liable. Once this has been proven you can then turn your attention to getting a final figure for your personal injury compensation.
What Compensation Is Supposed To Do
Compensation is essentially financial aid that awards you for the total impact an illness or injury has had on your life, including pain and suffering. It’s usually paid in money yet in rare cases, the court can award other compensation. Compensation often punishes parties responsible for the injury. For example, when a work injury lawyer proves the employer is at fault the employer is fined money, this becomes the employee’s compensation. To summarize, compensation reflects the type and overall extent of the loss in a single case.
Heads Of Loss
Working out the total amount of compensation to be claimed in a personal injury case can be complicated. A court will use the heads of loss (or “heads of claim”) to figure out the amount of damage that has been done and that might have a significant impact on the overall compensation that a claimant receives.
To ensure consistency in such unique cases, courts and lawyers will identify the most common types of loss. Modified line: A lawyer can then assess the value of a claim by looking at these individual heads of loss; visit robertslawfirm.net/orange-county-personal-injury-attorney/ to learn how attorneys do it.
Let’s say you have broken your ankle. This would be considered a single head of loss. However, if this injury led to you being unable to work, worsened your mental health, or even led to a marital breakdown — then this would be considered as several heads of loss.
In any case, you must sit down with a trusted personal injury lawyer, like those at Jurewitz Law Group – found here https://www.jurewitz.com/, to work out what potential heads of loss are in your particular situation.
It can sometimes be difficult to assess these but the modern approach to working out suitable compensation is to strive for a reasonable amount of accuracy.
General Damages And Special Damages
General damages are those that can’t be mathematically assessed at the date of a trial. The head of general damages is suffering, pain, and a loss of amenity yet it is not limited to these sections.
It’s difficult to figure out how much you should be rewarded for your pain and suffering, so your chosen lawyer will likely assess your injury and other circumstances as the case is built. Their job is to understand the situation and its consequences to guarantee that you receive the right amount of compensation for your suffering.
In contrast, special damages are for losses that are measured in monetary terms including the cost of medical treatments.
It may cover the cost of the following factors:
- Loss of earnings and income
- Medical care and treatment
- Replacing property
- Adapting your home or vehicle
Calculating special damages is more straightforward as it involves directly compensating you for the costs that arose from your injury. Make sure to keep all records and receipts on hand for anything you spend money on due to your accident.
Will Anything Be Deducted From The Compensation Amount?
Some things will likely be deducted from the total amount of compensation that you are awarded. This might include any of the following:
- Additional legal costs such as medical fees
- Tax will be deducted by a relevant party if you receive interest on part of your compensation
- Split liability if you were found to be partly at fault for the accident
- Success fee to the lawyer and the firm that is representing you (usually on a No Win No Fee basis, but you should check this out before working with a lawyer)
The calculation of personal injury compensation using heads of loss can often be quite difficult. There are many things to take into consideration aside from the injury itself including whether split liability is necessary, and the individual circumstances that have arisen as a direct result of the injury. Any court or lawyer will do their best to guarantee a fair amount of compensation.
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