Important Parts of a Settlement Claim

Important Parts of a Settlement Claim

If you’ve been injured in a motor vehicle accident, you may be confused about to what you are entitled for compensation. Therefore, here’s a list of claims for settlement from an accident attorney.

  • Medical Costs. If you went to the doctor or emergency department after your accident, then the negligent should pay for the cost of care, regardless as to whether tests reveal any serious damage. However, sometimes insurance companies will fight with the injured over whether tests were necessary or even related to the accident.
  • Pain and Suffering. If the other driver had not been negligent, you would not have to suffer from injuries. Pain and suffering may include suffering from post-traumatic stress disorder (PTSD). Pain and suffering may be difficult to quantify and often insurance companies will take advantage of that and offer a settlement far below fair accounting for pain and suffering.
  • Loss of Consortium. This is a really a claim for your spouse. Essentially, if you are injured and are unable to provide loving support to your spouse, then he or she suffers too. This is a claim to compensate for that loss.
  • Lost Wages. If you have to miss work on the day of the injury, afterwards to recover, or take time off work to get medical care, then you should be compensated for that time taken off work.
  • Travel Expenses. Likewise, the cost of gas (or even possibly a hotel room) should be covered by the insurance company. Remember: you would not incur these expenses but for the other driver’s negligence. However, the insurance company may try to fight you on whether travel expenses are truly necessary.

As you can see, a settlement offer can vary widely and a fair settlement is most likely when the injured has someone experienced fighting on his or her side. If you have been injured and want a fair settlement, please contact us for a free case evaluation.