Tuesday, December 22, 2009

What Type Of "Damages" Have Been Suffered As The Result Of An Accident?

It is critical, when handling a Las Vegas injury Law case, to ascertain what type of "damages" an individual has incurred. In a case where a person has been out of work for five months as a result of an accident, and their monthly salary is $5000, it is quite evident that they will be looking to recover $25,000. Although this seems very cut and dried, there is frequently more to this type of case than meets the eye. An attorney with a background of working on, and winning these types of cases, will be well equipped to decide how to calculate the relevancy of criteria that may be included in damages. Therefore, it is in your best interest to hire an experience attorney as soon as possible.

Factors to Consider 

It is prudent to assess your present damages, and estimate what your damages will be long term, after your injuries have healed. Has your injury improved as much as it can?  What, now, is your state of recovery? How has the stress of this injury changed you and your family? Once these questions have been answered, it it time to examine the accompanying details.

What has the cost of medical bills been to you? Have you had to miss work? Was sick leave utilized for these needed days off? (You are due compensation for lost earnings, even if sick leave was used). Will you be able to return to work, or will this injury be permanent? Will your injury keep you from performing your job functions? How has your family been affected?  Are you no longer able to take pleasure in daily activities with your family and friends? Is there any part of this accident that you are at fault for? What portion of it was another person's responsibility?

Did you experience a Significant Loss as a result of this accident?

It is imperative that you distinguish between whether you suffered an injury, only, or a significant loss was incurred.  In cases where there is no permanent injury, and your time out of work is insignificant, there will be little monetary compensation. It is sometimes frustrating when a defendant has exhibited careless or negligent behavior, but because of the nature of your injury, you may not be entitled to much compensation. In comparison, a permanent injury resulting in lifelong disability, such as being confined to a wheelchair, will dramatically increase your chances for a hefty financial recovery, regardless of whether a portion of the accident was your responsibility.

There is no financial settlement that can repair a permanent loss suffered in an accident, but the compensation can be helpful in coping. The long term consequences of your injury is what you need to consider when calculating damages. Then, what evidence will an experienced injury attorney be able to present to the jury or insurance company, to support your claim of damages.

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