Knowing what to do after an accident can be hard if you have never experienced this situation before. Do you file with insurance? Does a settlement stop you from getting more damages later? Fortunately, our lawyers can walk you through every step of the case before you and help you receive compensation for your injury.
When you are hurt in an accident, our attorneys can help you understand how to file your case, calculate damages, and negotiate with the defense. When needed, we can also take your case to court and force them to pay you what they owe you by presenting your case to a judge and jury.
For help with your case, call The Reiff Law Firm’s personal injury lawyers at (215) 709-6940 today.
Insurance Claims vs. Lawsuits for Injury Claims in Brookhaven, PA
When you get hurt in an accident, knowing how to file your claim is important. When you file an insurance claim against someone’s car insurance, homeowners insurance, or other liability insurance, it does not go to court at first, and the insurance company may offer you a settlement for your damages. It is vital not to take this settlement and not to sign anything the insurance company gives you, as it might jeopardize your ability to get your damages paid later. Instead, call our personal injury lawyers and have us handle things for you.
Many cases can ultimately be settled through insurance, but only after your lawyer reviews your case and helps calculate damages so that you know you are not missing out on important costs and coverage. It is also important in many cases to take the case to court and show the insurance company that you are serious about getting your damages, as this can help maximize damages in many cases. When the insurance company knows that the alternative to settling for a fair value is getting their case beat in court – which will be more expensive for them – they may be willing to rethink their settlement value.
Even when insurance claims go through your own insurance – as is the case with limited tort car insurance, personal injury protection (PIP), uninsured/underinsured motorist (UM/UIM) coverage, and comprehensive coverage through your own auto insurance – this can ultimately affect your claim against the at-fault parties, too. Your insurance company may want to recoup some of the money they paid you out of your lawsuit, and you should always review these things with your lawyer before signing anything from any insurance company.
Calculating Damages for Injury Cases in Brookhaven, PA
It is impossible for us to tell you what your case could be worth without going over the specifics of your case. Personal injury cases and the damages that result from them are incredibly case-specific, and calculating damages requires looking into the following issues:
What Damages Did You Face?
Most personal injury cases deal with three main areas of “compensatory” damages – that is, damages that pay you back for your harm. These include medical bills to cover the cost of treatment, lost wages to cover the cost of any earnings you missed out on while injured or recovering, and pain and suffering to pay you back for the intangible harms you faced. These are a given in most cases, and we can calculate them with various methods.
On top of these, however, you might face additional damages you might not have known you can claim. Property damage should also be included, which leads most people to think of repair costs for car crashes. However, you can also claim the cost of clothing destroyed during medical treatment or electronics destroyed in an accident. The cost of replacement services around the house – cooking, cleaning, laundry, etc. – should also be covered, as should any other incidental bills and costs you face to cope with the accident.
Mental health treatment is just as important as medical treatment and should also be covered. In the same vein, physical pain should be paid for, as should mental and emotional harm from the injury.
Lastly, there may be damages your spouse can claim because of the way the injury affects your intimacy or your ability to help around the house.
Calculation Methods
Many calculations merely involve totaling up the values on bills and claiming these amounts. However, many expenses will continue into the future, and it is important that the lawsuit pays you enough to cover ongoing medical care and lost earnings, too.
When calculating pain and suffering, there are no bills to show us the value. Instead, we usually base these claims on a per-day value for your injury in limited cases, or we use a multiplier applied to the other damages for open-ended cases that have no obvious end date for your pain and suffering.
Costs of Litigation
Any calculation of damages is separate from the damages we can claim for the costs of litigation, attorney’s fees, etc. Our lawyers can help you understand how the expenses related to taking your case to trial are paid, what damages you take home, and how all of this often compares favorably to the low-dollar settlements that insurance companies tend to offer.
Often, our attorney’s fees are paid out of the winnings in what is called a “contingency fee” arrangement. This means that we do not get paid unless we win your case.
Personalizing Your Damages
Many of these damages are incredibly specific to your situation, and we cannot give a general estimate or value for your case without discussing with you what these expenses cost and how the injury affects your life, generally. Pain and suffering can often account for far more of your total damages than you might expect.
Punitive Damages
Sometimes when the defendant’s actions are incredibly dangerous, reckless, or part of a repeat pattern of negligence, our lawyers can claim additional “punitive damages” to punish them and help you walk away with even more money from your case. However, these damages are rare and require a high bar for bad conduct from the defendant.
Call Our Personal Injury Lawyers in Brookhaven, PA
For a free review of your potential injury case, call (215) 709-6940 to reach The Reiff Law Firm’s personal injury lawyers.
