After the initial shock and any immediate medical treatment required, start to collect evidence about the accident. Were there any witnesses? If so, get their names and contact information. If applicable, take photos of the accident scene. Get copies of all your medical reports. If your accident happened at work, tell your employer immediately and fill out the necessary forms—you will need these for insurance purposes and/or worker's compensation.
Next, you will want to talk to your insurance company and figure out how much your claim is worth. There are a lot of variables to take into account, particularly if your injury is ongoing and medical attention will be needed down the road.
A person or organization that is liable (to blame) for your accident usually has liability insurance from their insurance company. A personal injury claim should cover the following:
- medical care and related expenses
- lost income lost because of time spent unable to work or undergoing treatment for injuries
- permanent physical disability or disfigurement
- loss of family, social, and educational experiences, including missed school or training, vacation, recreation, or special event
- emotional damages, such as stress, embarrassment, depression, or strains on family relationships - from the inability to care for children to psychological sexual disfunction
- damaged property
Next, an insurance company will determine the amount of compensation. Generally, an insurance adjuster negotiates a claim by a "damages formula" that includes medical expenses as well as pain and suffering and other non-monetary losses, referred to as "general damages". If you think you are not being treated fairly or believe you are entitled to more compensation, you might want to seek legal help.
Compensation
You can claim monetary compensation if there is a person or an organization partially or totally to blame for your injuries.
A court will award you damages, i.e. money paid or awarded to you, (the plaintiff or claimant) in a successful lawsuit.
A personal injury can occur due to a multitude of reasons, from defective products (such as a vehicle) to medical malpractice to even slipping on a sidewalk.
The most common personal injury claims result from traffic accidents, accidents at work and in the home.
Illness is also classified as personal injury in work-related and industrial diseases, from stress and anxiety to asbestosis and pulmonary disease.
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