Personal injuries can be debilitating—especially when they become lifelong problems. They can seriously impact an individual life, causing immense physical pain, emotional distress, and financial burdens. Dealing with mounting medical bills can feel overwhelming, even more so when someone else’s negligence inflicted the injury.
Luckily, the legal system forges a path to financial recovery for victims battling personal injury cases.
Understanding Personal Injury Cases
Personal injury claims are formed when a person suffers pain and suffering from negligent actions or misconduct of another party. These cases encompass a variety of incidents, like auto accidents, unsafe premises, medical malpractice, product liability, bicycle accidents, railroad cases, and admiralty and maritime injuries. When pursuing a personal injury claim, the end goal is to seek full compensation for medical expenses incurred directly from the injury or injuries.
Establishing Liability and Damages
To recover medical expenses, it is essential to establish liability for the damages suffered. How? By proving that the guilty party has breached their duty of care and that this negligence directly correlates to the injuries. Furthermore, collecting and presenting proper evidence of the medical treatment/treatments received and the associated costs is an absolute must. Gathering medical records, bills, and doctor notes can further bolster your claim, substantiating the necessity and extent of the expenses.
Compensatory Damages and Medical Expenses
Compensatory damages are awarded to victims of personal injury to compensate for the losses suffered. Even if the damage done is irreversible, the purpose is to restore the victim to a similar or equal state they would have been in if the accident never happened. Medical expenses are a crucial component of compensatory damages and may involve emergency room visits, hospital stays, surgeries, medications, physical therapy, rehabilitation, and future injury-related medical costs.
Calculating Medical Expenses
Accurately calculating medical expenses is crucial to ensure a fair settlement or judgment. This process involves assessing past medical bills, consulting with healthcare professionals to estimate future medical costs, and considering any potential long-term effects of the injury on the victim’s health and quality of life. An experienced personal injury attorney can assist in accurately valuing your medical expenses and maximizing your recovery.
Negotiating with Insurance Companies
For typical personal injury claims, the insurance company representing the at-fault party seeks compensation for medical expenses. Unfortunately, insurance companies are profit-driven entities and often attempt to minimize payout. They may employ tactics such as denying or undervaluing claims, deflecting the blame or lack of proof on the victim—dragging out the personal injury claims process. Gaining legal representation can level the playing field because skilled personal injury attorneys understand the specific strategies played by the insurance companies and can negotiate to your behalf to secure a fair settlement.
Going to Court
If the negotiation phase fails and you cannot reach a fair settlement, the case can veer to court. At this point, a judge or jury will decide the compensation for medical expenses based on the presented evidence. It is of the utmost importance to have a competent personal injury claims attorney at your side during the litigation stage to successfully present your case, cross-examine witnesses, and fight for the justice you deserve.
Trust Breit Law for Your Personal Injury Claims
It not only takes an attorney with experience—it takes an attorney with a history of winning big cases to win large verdicts and settlements successfully. Breit Law has been the best personal injury firm in Virginia and Hampton Roads for over 35 years, effectively handling and triumphing over personal injury claims.
If you or a loved one has suffered a serious personal injury, contact Breit Law to learn more about your rights; it can change your life.