You may have the right to legally file a claim if you have been injured due to someone acting in a negligent manner. You may want to consider settling your case out of court instead of going through the entire process. Resolving your claim by an agreement can be beneficial to you because you can get paid sooner and the cost isn’t as much as taking your claim to court.
Before You Can Start
The first step you will want to take is to get medical attention. Your doctor will determine the extent of your injury and begin treatment on that injury. At this point, there really isn’t any way to determine just how much your case is going to cost you, as per personal injury lawyer in Richmond Hill.
After you are under a doctor’s care, and the doctor has determined the severity of your injury as well as the nature of the accident and the duration of your injuries, you can then hire an attorney and begin the process of settling. Here are a few basic steps to follow moving forward.
Calculating Special Damages
Special damages are economic losses you receive due to an accident. This money is comparable substitute for what you have lost and can include:
* Loss of wages
* Loss of earnings in the future
* Medical expenses
* Burial and funeral expenses
* Property Damage
This amount is estimated based on what you have made in the past, what you have spent in the past, and estimating how much you will continue to lose in the future.
Calculating General Damages
General damages are losses which money is a substitute. General damages may include:
* Physical pain and suffering
* Loss of reputation
* Humiliation/embarrassment
* Loss of consortium
* Shock/mental anguish
* Loss of society and companionship
* Emotional distress
Adjusting the Value of your claim
You will want to adjust the amount you calculate to reflect the following factors that play a role in how much you are asking for in your claim:
• Liability – how much fault do you play in the accident if any?
• Multiple defendants – Is there an issue as to how much each person will need to pay?
• Characteristics of plaintiff – Does your age, occupation, and personality play a role in your case as well as prior medical history?
Make your Settlement Offer
Now that you are ready to submit your paperwork and your demand letter has been turned over, you wait. In many cases, there will be some negotiating back and forth between yourself and the other party until an agreement can be reached. If an agreement cannot be reached, then the case will need to go in front of a judge and jury to be settled.