Types of Benefits for Accident Victims

Legally, a personal injury is the term used to refer to any mental, emotional, or physical harm that one suffers as a result of an accident. Most personal injury lawsuits are filed against an individual who is held liable for the occurrence of the incident. This may be due to their negligence, careless behavior, or breach of duty they have to protect the victim from any harm.

Personal injury benefits are settlements given to accident victims to compensate for their pain and suffering as well as loss of valuable properties during an accident. According to the injury laws of California, if you suffer injuries during a crash, you are entitled to get compensation for the loss you bear.

Although not all incidents that lead to injury are entitled to compensation, several situations would allow you to file for a personal injury case. A common situation is when you sustain car accident injuries as a result of the driver's negligence; in this regard, the careless driver will be held responsible for the loss/ injuries that you incurred.

When a medical practitioner fails to give you competent service, and as a result of their actions you get injured, you can also file a personal injury case for medical malpractice.

In the workplace, too, the employer has to ensure the safety of employees. In the case where this duty is breached and it causes you an accident, then you can claim compensation. The compensation available for each example is determined by the circumstances under which you suffered the injuries.

If you are involved in an accident where someone else was at fault, you may be wondering if you will get compensated for all the losses you suffer. In most cases, after you get paid for your loss, you are not entitled to come back and ask for more money. If you are filing a compensation claim, it is crucial to seek the help of a lawyer so you can ensure all damages will be accounted for during the compensation. As a victim of the accident, there are different types of compensation benefits you are entitled to as discussed below.

Medical Rehabilitation Benefits

Medical bills could be costly for accident victims. These bills vary from ambulance services and medical diagnosis to subsequent treatment. For severe injuries, you will be required to go for follow-up treatment sessions and continue taking medication. All these expenses should be part of your medical expense claim.

As an accident victim, you are entitled to claim necessary medical treatment and rehabilitation benefits which are not covered by your health plan. After suffering an accident, it is crucial to get a full medical checkup since some injuries suffered from these accidents are not diagnosed until a later time.

To get medical benefits, the injuries you suffered must have significant effects on your health. Some of the medical injuries you can claim healthcare benefits for include soft tissue injuries, internal damages, and bone fractures.

Soft tissue injury is the most common form of damage you are likely to get from an accident. These injuries could result in sprains and strains that will require some medical attention. If such medical attention is not provided, soft tissue injuries may cause other severe bodily injuries that may be expensive to treat.

As a result of severe accidents, you may also end up suffering internal injuries. Although these injuries cannot be determined by physical observation, a doctor’s diagnosis during a checkup can prove their presence. In case you suffer head injuries which cause you trauma or other mental problems, it is your right to claim medical compensation which will help pay for your psychiatric checkups.

Furthermore, accident victims are likely to suffer bone fractures that require specialized treatment. The cost of this treatment – which may include obtaining pieces of equipment such as wheelchairs and clutches as well as continued physiotherapy – should be part of your compensation claim.

The amount of compensation you are entitled to will vary depending on the extent of injury you suffer from the accident. Catastrophically injured victims are likely to get more medical rehabilitation benefits compared to those who suffer minor injuries.

To prove your need for compensation and entitlement to medical benefits after an accident, you are required to produce valid documents of your interaction with the medical practitioners and your medical diagnosis. The cost of treatment should be indicated to ensure you get the compensation you deserve.

Lost Earning Capacity Benefits

If the injuries you incur from an accident are so severe that they cause physical disability and affect your earning capability, then you may be able to get lost capacity compensation. Your right to reimbursement will apply regardless of the nature of your job.

As long as the resulting injuries prevent you from working regularly, it doesn’t matter if your employment is full time, part time, or even self-employment – you will still get compensated.

Sometimes as a result of injuries, you are forced to take a paid sick leave or vacation. Though you don’t lose any income at this time, you will still be entitled to get paid for losses you incur. To get compensation for lost revenue, you must provide documentation that shows your income and work schedule. These documents will show the amount of time you lost away from work, and how much you would have earned during the times you spent seeking medical attention or nursing your injuries.

Besides the time you have lost away from work, you have a right to get compensated for the opportunities you might have missed as a result of the injuries. With the help of a competent personal injury attorney, you can increase your overall compensation by proving that you lost a potential income opportunity.

To recover damages for lost wages, the occurrence of the accident must have been the direct cause of your injury. However, this may rule out already existing injuries; if the effects of the disaster aggravated the preexisting injuries rendering you incapable of earning a decent income, you would be entitled to claim the full compensation.

Pain and Suffering Benefits

Pain and suffering are the non-tangible ways an accident victim has to suffer as they go through the healing process. The pain could either be physical, mental, or emotional. The pain and suffering might be for a short period or a lifetime depending on the intensity of the accident and the severity of the injuries you suffer. Injuries you get from an accident may hinder you from enjoying life as you used to before; hence, the court is likely to award you compensation for this lack of enjoyment as part of pain and suffering benefits.

Emotional distress is often linked to more severe accidents. The primary aim of these benefits is to compensate the accident victim for psychological impacts like fear, trauma, and anxiety. Emotional distress is considered to be a significant element of pain and suffering; hence, if your emotional health was affected by the occurrence of the accident, then you are entitled to get compensation.

Your chances of getting these benefits are increased if you can prove your need for psychological treatment to enable you to overcome the mental effects of the accident.

Caregiver and Housekeeping Benefits

If you are a primary caregiver for your children or family, you will be eligible for caregiver benefits when an accident leaves you without the capability to take care of these children.

After the occurrence of an accident, most victims are more concerned about the effects on their financial earning capability than how to run their daily lives with physical injuries. However, accident injuries have a significant impact on the day to day housework. If you are an accident victim, and you are not able to carry on with your daily duties, you will be entitled to claim housekeeping benefits.

The benefits you get can be used to pay for these services until you have completely recovered. Although most accident victims rely on their family members to take on the duties that they can’t perform due to the accident; the claim only allows compensation for the victim's incapacitation, not the entire family’s workload.

This kind of compensation is given to individuals whose impairment is catastrophic or the injury cause permanent disability and inability to continue living a normal life.

Benefits for Destruction of Personal Property

According to the laws of California regarding personal injury and accidents, accident victims are entitled to get compensation for replacement and repair of their properties which get damaged during the incident. But first, you should not be the driver at fault during the accident. With the expert help of a personal injury lawyer, you can prove that you were not at fault for the accident and possibly qualify for compensation for your damaged items.

If the accident you are involved in led to damage to your car, a qualified appraiser will be appointed to evaluate the damage done on the car. The appraiser will then write an estimated worth of the damage asked on his/her inspection. This worth is used to gauge the amount of compensation you should get for your damaged car.

If additional damages are noted during the process of repair, then the repair shop is required to contact the insurance company who may decide to re-inspect the costs to ensure they are genuine. In cases where your vehicle gets damaged to an extent where it cannot get repaired, then you are likely to get the total value of the car as compensation.

Death and Funeral Expense Benefits

Sadly, sometimes accidents are fatal and as a result, the victim loses their lives. When this happens, the eligible relative or the victim’s dependent is entitled to receive compensation. All hospital bills and funeral expenses are covered in such a compensation plan.

Also, a person responsible for an accident that causes death will be required to support the minor children or dependents of the deceased until they are of legal age to support themselves.

If you sustained injuries from an accident caused by another person’s negligence, you may consider filing a lawsuit for compensation. Before deciding to register for the case, you may be curious about how much you would be able to recover and the factors that will affect the compensation amount.

Some situational elements which play a crucial role in determining the amount you are likely to recover include:

1. The seriousness of the Injuries

The damages fee paid for property damage, medical bills and loss of earning capacity is commonly known as economic damage. Depending on how severe your injuries are, you might be lucky enough to get both economic and non-economic benefits. These non-economic damages cater to the factors that may have reduced the victim’s quality of life including pain, lack of enjoyment for life, and sufferings caused by the accident.

The younger you are, the higher your non-economic benefits are likely to be. This is because the accident outcomes will subject you to a more extended period of suffering and pain compared to an older victim. However, these benefits only apply where the accident injuries led to permanent disability or impairment.

2. Percentage of Fault in the Accident

According to the comparative fault law of California, if you are 50% or more at fault for the accident, your chances of getting accident injury benefits are meager. Besides, if you were in any way at fault for the crash, your compensation benefits will be reduced depending on your percentage of responsibility for the occurrence of the accident.

3. Evidence of Negligence of the Defendant

To build a strong case and increase your chances of getting compensated after an accident, you will need proof and preferably witnesses who can testify on your behalf. This will help you to prove that the faulty driver’s reckless or negligent behavior was the primary cause of the accident. If this proof is done satisfactorily, you have high chances of getting compensation.

4. The Genuineness of your Injury Claims

When you file for compensation claims after an accident, the defense will be on the lookout for any signs that you are exaggerating the severity of your injury. An investigator may be hired to follow you around and make sure the injury claims are genuine.

If there is enough evidence to show that you may have exaggerated the severity of the injuries, then the amount of compensation is reduced. However, you can use evidence of your medical evaluation to prove the extent of your injury to claim more for your damage.

5. Property Damage and Lost Wages

Besides getting compensated for your injuries, any property that may have suffered a loss during the accident will also get compensation. In personal injury cases, victims whose private property have been damaged get additional compensation besides benefits for their injuries. This type of payment is common after car accidents.

If in any way, the injury you suffer prevents you from working for a given period or permanently, you will receive benefits for lost wages in addition to compensation for injuries you sustain.

6. Cost of Medical Bills

The cost of your medical bills is one of the primary factors that affect the court’s decision on the amount of compensation you get after an accident. If another individual is held liable for the injuries you get, then you will be entitled to recover the full cost of your medical bills and those of future treatment for these injuries.

7. Your choice of legal representation

Your choice of a personal injury attorney is an essential factor when it comes to compensation as a result of involvement in an accident. An attorney who is conversant with the personal injury laws can help you build a strong case. However, your decision to pursue the case without legal representation could lead to lower benefits.

For your compensation claims to bear the compensation you desire, you might consider the services of an experienced personal injury attorney. At Los Angeles Personal Injury Attorney law firm, we explore all the available avenues of your case to ensure you secure the benefits and compensation that is rightfully yours as a result of an accident. Feel free to call our Los Angeles-based office at 424-231-2013 to discuss your case with one of our lawyers. We are open to any questions concerning personal injuries, and specifically, the types of benefits that would suit your situation.