Information on the Basics of
the Injury Settlement Process

In a perfect world injuries would never happen.  But, when they do our system of laws provides a way for people who are wrongfully injured to be compensated for their damages by making a personal injury claim, also known as a bodily injury claim.

Injuries can occur due to accidents, animal attacks, defective products, exposure to industrial pollutants, pesticides and electric shocks, to name a few.  Damages is a legal term that refers to loss or harm to a person and property that results from an injury.  It also refers to the money awarded as reparation for losses and injuries for which another is liable.  The amount of your personal injury claim will be directly related to the extent of your damages.  This would include the nature and extent of the injury, the amount of economic damages (such as lost wages and medical bills), and how long the injury is expected to last.  There are many different kinds of damages, such as general damages, compensatory damages and special damages.  Personal injury lawyers are trained to be knowledgeable of the different kinds of damages involved in a legal claim.

However, after an injury occurs doctors are usually the first to be involved by providing medical care to treat your injuries.  The bills for these medical services are either paid by you, or health and medical insurance claims may be filed with your insurance company.  Sometimes your insurance company may pay these health-related and medical claims as a service to you, and then pursue reimbursement from the insurance company that is responsible for your bodily injury claim.  This is called subrogation and these amounts may not be part of your medical settlement.

After you have received medical treatment you may then need to file an injury claim with the insurance company that is responsible for your injuries.  As previously stated, there are many factors that determine the value of a personal injury claim, such as the extent of your injuries, pain and suffering, humiliation, distress, the cost of health claims and medical claims, lost income, inconvenience and the cost of damage to property.  Lawyers may use expert consultants from various fields such as medicine, economists and health claim specialists to help document the current and future damages and determine the fair value of a claim based on the type and extent of damages.  This expert information is then used by your lawyer to support the value of the personal injury claim in settlement negotiations with the insurance company that is responsible for the claim.

Your lawyer should be knowledgeable of the laws in your state, and part of their legal service to you should include helping you understand the various aspects related to your settlement with the insurance company responsible for your personal injury claim.  It is important to be sure that the settlement for your personal injury claim includes all of the types of damages available to you, or you may lose your rights to recover those damages in the future.