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Were You In An Accident?
If you were involved in an accident, you are entitled to recover damages. How is the value of the damage determined?
They include:
1. The expenses incurred to treat injuries to you and those in your vehicle. Also, the relevant expenses are likely in the future.
2. The amount needed to set right the damaged vehicle. The engine, body and parts of the vehicle all have to be put in order as before.
3. Loss of wages for the period of your absence from employment and for any likely future absence.
4. If the accident caused any abnormality that prevented you from doing your normal work, that necessitated you taking up a smaller job with a lower salary, which is the total difference in salary for the rest of your professional life.
5. The mental and physical agony, at present and in the future.
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The compensation for all of them makes up the settlement amount.
You may require a certain amount, which may not tally with what the insurance company decides. The arbitrator may have a different figure. Nobody is going to pay you just what you want. It is for you to establish the genuineness of your figure. For that, you must have documentary proof of all the expenses.
It is better to seek the advice of a legal expert in the matter. He will be able to establish a proper value that is acceptable to you, which he will then discuss with the insurance company.
First of all, you have to prove that the accident was caused by negligence by the other driver. Then, you can claim damages from the insurance company of the culprit. You will not be paid immediately. You have to wait for a long time. Your treatment should be complete, and you must have recovered. The likely expenses in the future have to be arrived at as well. The insurance company has its own procedures. They have to verify all the documents, including police reports, witnesses’ statements, etc.
Do not accept the insurance company’s figure. They will normally give their lowest value. That is where the attorney comes into the picture.
Normally, an accident settlement takes place outside of court when both parties and the insurance companies mutually agree on a certain amount. Your lawyer has to consider things like telephone bills, paperwork, correspondences, traveling expenses and any related expenses, apart from medical bills.
If the lawyer feels that it is necessary to file a lawsuit in court because the settlement was unacceptable, do it. The problem is that it will delay getting the money. How much the court will declare is also a mystery.
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