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This content is for informational purposes only and is not intended to provide legal advice.
If you find yourself in an accident caused by another person’s negligence, you can sue for compensation. This award has two main parts:
- General damages: Refers to damages that cannot be quantified.
- Special damages: Refers to quantifiable damages.
Step One: Set the Foundation of a Lawsuit
It is important to remember that calculating your compensation is a step-by-step process. You must follow all the steps to be successful. However, one of the most crucial things to check off your list before diving deeper into the legal proceedings is having sufficient grounds to sue the defendant.
A person is not automatically declared negligent by causing you an accident. You need to provide proof in support of your argument and convince others of your version of the events.
Take Photos and Videos
The process of compensation begins at the scene of the accident. It is critical to take photos of the scene as evidence. Your phone can serve as a valuable tool in documenting the scene. Take photos and videos of the following:
- Your injuries
- Road conditions
- Weather conditions
- Vehicle damage
- Other property damage
Find Witnesses
When in court, it is crucial to have witnesses. A convincing testimony can be a game-changer. While you are at the accident scene, talk to the people who saw what happened and ask them if they are willing to serve as your witnesses in court.
Contact Your Lawyer
You will need a personal injury lawyer to help with case planning. Your attorney can help estimate the damages you may recover. If you are worried about the financial implications of seeking legal counsel, you can get in touch with a personal injury lawyer for free.
Step Two: Claim Damages
You will need to calculate the damages caused by the accident. This is a crucial phase, where you determine what kind of compensation you want and how much.
Prove Liability
The person responsible for your accident should be the one to pay for your compensation. For example, if you were involved in a car accident, you will want to learn whether it was due to the driver’s carelessness or a mechanical problem. If a mechanical problem was part of the cause, you could sue both the driver and the car manufacturer for compensation.
Your Special Damage Claim
These are quantifiable losses, also known as economic losses. Calculate your economic losses and all other bill-related losses with the help of your lawyer. These will include:
- Medical bills
- Damaged properties
- Future income loss
- Loss of earning
General Damage
These are non-quantifiable damages or non-economic losses. The judiciary has a formula that determines how much you get as compensation.
Using your special damage as the base, general damages are assessed based on case severity and then multiplied by a variable running from 1.5 to 5. Of which 1.5 covers minor damages and 5 covers the more significant ones.
The general damages can be:
- Emotional pain
- Loss of social life
- Physical pain and suffering
- Loss of independence
Add Up All Your Compensation
After determining your special injury compensation, add it to your general injuries. To determine your general injury compensation. Here is an example: if your medical bill was $5,000, and your general injury is something permanent or long-term, like loss of an arm, you will want to choose the highest variant, which is five.
Punitive Damages
This occurs when the offender was either careless or intentionally caused your injuries. The judge will assess your case and might award you punitive damages.
Step Three: Get Your Award
A skilled attorney understands exactly what the judge will be looking for and will help you build a strong case against the defendant. A legal expert will help you with the entire judicial process until you receive your payment.
The Bottom Line
As you calculate your compensation, make sure that it is fair. It will smoothen the process of getting a financial award. If the offender feels that the compensation is exaggerated, they might appeal, which will cost you more money and time.
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