November 20, 2020 Last updated November 20th, 2020 121 Reads share

Types of Compensation in a Personal Injury Case

Image Credit: DepositPhotos

There are many instances where one would seek compensation for injuries they have sustained while at work, through an accident, medical malpractices, and other causes of injuries. When you file such a case, you will be seeking compensation for personal injury. Before you go about filing a case for personal injury, you will need to understand the procedures and the possible outcomes of the case. So, what exactly will you be seeking when you consult a personal injury lawyer Bergen County NJ, for example? What are the types of compensation that you are entitled to?

What are the procedures that you should follow when you are involved in an accident? Do you just file for compensation on your own? What are the chances of success when you involve an attorney? These are some pertinent questions many people need to ask themselves while seeking compensation for personal injuries.

If you are involved in a personal injury, here are the steps to follow to file a case:

Step 1: Summons and Complaint

You need to file this as the first step after you have been involved in an accident. Also known as the complaint, this is the first step that begins the case for personal injury compensation. You will need to include information such as the parties involved and their identities, the facts about the claim, the legal claims, and such information. You have to inform the defendant of the suit so they can prepare their defense.

Step 2: Answer

The defendant responds to the complaint in what is known as the answer. They have up to 21 days to respond to the complainant, paragraph by paragraph. The defendant may explain why they are not responsible for the damages. In certain cases, the defendant may also make a counterclaim, seeking compensation from the complainant.

Step 3: Discovery

This is the next step after the initial pleadings take place. Both parties will begin the process of getting evidence from either party. The two parties are entitled to get relevant information as evidence to be used in the case. Here, each of the parties has to request information from the other party for them to build their case.

Step 4: Motions

This happens when the parties ask the court to act or rule. In case the ruling leads to termination of the lawsuit, it is known as a disposition motion. If the ruling leads to incidental questions, it is known as non-dispositive motion. In personal injury cases, some common motions include a motion for default judgment, motion for summary judgment, motion to compel, or motion to for changing venue.

Step 5: Pre-Trial Negotiations

Since trials are expensive, lawyers will normally bargain for a pretrial negotiation. This can be done in three ways namely: settlement, mediation, and arbitration.

Step 6: Trial

In this step, the jury or the judge will examine the evidence and decide whether the defendant is guilty and should be held responsible for the alleged damages by the plaintiff.

Step 7: Collecting the Judgment

After the jury has awarded you money for the damages this is your next step. Sometimes the defendant may not always follow the instruction to pay as instructed by the court. An appeal could be your next option.

Step 8: Appeal

Once the results of the trial are out, any of the parties may appeal to the judgment. When this happens, both parties have a chance to submit a brief to the court of appeal.

What types of compensation can you receive?

Medical expenses

Reimbursement of medical expenses is one type of compensation that you can get from the court. In case one has had a serious injury, it would be important for them to focus on recovery before they can make a case. When we talk about medical expenses, it means items such as the cost of doctor’s visits, assistive aids, surgery, physical therapy, medications, and all other expenses related to the treatment of the injuries. The future medical expenses could also be part of this compensation.

Lost Wages

If one has lost earnings due to personal injuries, they are entitled to compensation for the time they are off work. They will also be compensated for future earnings. for those who are disabled due to personal injuries, they can have their total earning losses assessed and compensated. 

Property Loss

If you have lost property in the accident that led to your injuries, this can also form part of the items that will be compensated. You may also be compensated for the costs of repairs of property damaged as a result of a personal injury accident.

Pain and Suffering

Since one undergoes lots of pain and emotional trauma due to personal inquiries, they are entitled to compensation. To accurately determine the amounts you can be paid, the help of an attorney will be required.

Wrongful Death

This is also another form of compensation related to personal injury. This means that if a relative dies due to a personal accident or injuries caused by the accident, one can file for a claim of wrongful death.

Accident at work -DepositPhotos

Amy Fischer

Amy Fischer

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