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When to Hire a Personal Injury Attorney

When you suffer an injury in an accident, there are so many things to consider and so many details that need your attention. It is easy for a person to quickly…

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Atherton Personal Injury Attorney
3295 El Camino Real
Atherton, CA 94027, USA
Phone: +1-650-249-3148

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How to File an injury claim in Atherton

Medical costs are skyrocketing and that makes it a hardship on an accident victim to receive every one of the treatment needed without complete compensation for the accident, making a personal injury claim a crucial part of the recovery process. However, it can also be difficult on occasion to discover all the compensation to which an accident victim is entitled. Understanding the standard parts of compensation and the way they are calculated is extremely important in the personal injury claims process.

Calculating Compensation

One of the considerations for an accident victim to recollect is that once they put in place a claim for damages to a defendant’s insurance firm, they can be barred from adding to, or increasing, that claim amount. Therefore, it is important to have a thorough understanding of the full extent of their injuries and the treatment they will require before they submit their claim. That means talking to all of their doctors and obtaining firm diagnoses and prognoses as soon as possible or waiting until those determinations are offered. Occasionally that may mean waiting a little while before submitting your final claim for payment, which is often a hardship. However, many physicians will wait for the claim to be settled before pressing for payment.

Once the full extent of a victim’s injuries are clear and the treatment which will be required is scheduled, these components might be of interest when calculating a compensation amount:

    * Medical costs, including rehabilitation, prescriptions, equipment, therapy, and more

    * Pain and suffering, as well as mental anguish, when applicable

    * Lost income and/or decrease in earning capacity

    * Permanent disability or disfigurement

In most instances, insurance underwriters utilize a formula to calculate the whole damages, which includes the following steps:

    * Calculate the sum of all medical expenses, or “specials”

    * Multiply the specials by a proper multiplier representing the seriousness of the injuries (that number often ranges between 1.5 for minor injuries to 5 for severe injuries, as much as even 10 for unusually catastrophic injuries) to equal general damages

    * Add the specials and general damages, plus lost income

Some states vary on exactly what is found in their calculations, but this could be found to be the typical used to estimate damages. The quantity is then adjusted up or down based on the exact circumstances of a particular accident.

Getting Legal Help with Making a Personal Injury Damage Claim

As the formula for calculating damages in an accident claim might appear straightforward, it might be not. There's considerations that only a personal injury attorney who knows the area court and insurance systems well can boost the calculations. Their experience and expertise can help reach a total that not only meets the needs of their client, but will more often lead to a settlement with the liable party’s insurance company or, if required, the courts.

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