Have you sustained injuries due to a car crash through at no fault of your own? You’re probably considering filing a claim for personal injury. As you have most likely heard by now, the majority of personal injury claims end up settling out of court, instead of going through trial.
You’re also probably wondering what kind of compensation you can receive if your claim doesn’t go through trial.
The Specifics of your Auto Accident
Let’s say that you were in a serious car crash and suffered a severe head injury and lots of broken bones. You naturally sought out medical treatment that required extended hospital stays, multiple surgical procedures, tests, psychiatric care, and physical therapy that made you unable to go to work for a couple of months.
Also, you experienced depression, emotional trauma, and recurring pain. You might be thinking; what damages can you expect to recover?
Defining Special and General Damages
Put simply, general or non-economic damages are basically losses that can’t be calculated using mathematical methods, including emotional trauma and pain and suffering. This likewise includes the accident’s effects, your injuries, as well as the impact of all the treatment in your quality of life.
On the other hand, special or economic damages are essentially losses that are easily measurable and can be assigned a monetary value. These include lost wages, property damage, and past, present, and future medical treatment costs.
Depending on the severity and exact nature of your injuries, these could quickly add up. In general, however, how much you can claim as settlement for your car crash will be based on how accurately you and your car crash lawyer here in Everett can document, prove and calculate your special and general damages.
How to Prove Special Damages
When you present your claim to the insurance provider of the party at-fault for the accident, you’ll have to submit proof for special damages. These include documentation regarding damage to your vehicle, extensive medical records, as well as paperwork demonstrating lost workdays and resulting in lost income.
Also, you’ll have to get your treating physician to verify that the injuries you sustained prevented you from going to work. A well-documented and thorough claim will help increase your chances of obtaining a fair settlement offer. This is considering that you can also firmly establish the defendant’s liability.
How to Prove General Damages
Your chances of getting a favorable settlement concerning your claims for general damages would require that you convince the insurer that your alleged emotional trauma, suffering, pain and related subjective losses are genuine and very significant.
In general, these subjective damages can be easily verified by your treating physician and relevant mental health professionals. They are aware of how your injuries from the car crash affect your daily life.
Put simply, if you can submit a well-documented and compelling claim for special and general damages, the insurance provider will be more inclined to give you the best possible settlement offer. This is mainly due to the fact that the insurer knows that going to trial will backfire on them due to the strength and merits of your personal injury claim.