LIFE TOPICS

Bodily Injury Settlements: All You Need To Know

August 1, 2021 | Posted at 10:44 pm | by Annabelle E (Follow User)

Photo Credit: Wesley Tingey

Bodily injury refers to any negative alteration of a person’s physical form that causes pain and suffering. There are many causes of bodily injuries: injury caused by car accidents or workplace accidents, for instance, or when a person slips and falls due to negligence, accidents caused by faulty machines, accidental dog bites, etc. The list is endless really. It is important to acquire a bodily injury settlement to alleviate your suffering whenever such happens to you.

What to Do When Filing a Bodily Injury Claim

You are entitled to compensation when you get physically harmed in a manner that was in no way your fault. The extent of your bodily injury determines how big of a settlement you will receive. Minor injuries such as cuts and abrasions may get your hospital bills paid alone. Major injuries such as broken bones, disfiguration, internal bleeding, medical malpractice, et cetera might get you more for the fact that they affect other parts of your life outside of the physical. You may need more compensation to get some semblance of normalcy.

 

What Are the Ways to Go About a Personal Injury Lawsuit?

1. Determine the Extent of Damage

It is of utmost importance to get immediate medical attention as soon as an accident occurs to prevent further complications and provide records that will help your case. In medical malpractice stemming from a misdiagnosis, for example, would involve proving negligence, which is established by other licensed medical practitioners in that field. Upon the instance that these practitioners establish misconduct, they are required to certify their findings in writing.

2. Get a Personal Injury Attorney

As soon as you obtain your medical records, it would be best if you approached a personal injury attorney (we recommend Weston Law Office in Roseville, Minnesota) who you could trust to review your document. The medical records tend to go a long way in helping your case since they may prove the defendant’s negligence. Attorneys are important as they can steer the case in your favor by knowing what statutes should apply for settlement. Hiring an attorney also takes the stress away from you since they deal with all the nitty-gritty such a case involves.

3. File a Settlement Claim

There is a limited time frame within which to file a complaint because the legal process tends to be long and tedious as it needs to be meticulous and detailed and it must be formally submitted by your attorney within the statute of limitations for that complaint in your state. Attorneys advise plaintiffs to file early to give time for gathering evidence and for the defendant to respond. A response needs to be given within a month to prevent non-compliance allegations.

4. Get Arbitration in Court

Once the evidence has been collected and compiled, your injury attorney moves the matter to a court within the jurisdiction where the accident occurred, assuming that both the plaintiff and defendant share a home state.

In cases that involve people from different states, the motion goes to a federal court, which specializes in diversity jurisdiction cases. Such cases are incredibly expensive, excessively time-consuming, and very lengthy and cumbersome.

 

Compensation from Suing for Bodily Injury

You can receive a settlement from filing for a claim, which would include damages for the following:

  • Medical expenses reimbursement
  • Compensation due to pain and suffering
  • Loss wages
  • Scarring and disfigurement
  • Property damage
  • Loss of consortium
  • Loss of enjoyment of life
  • Punitive damages
  • And more

These are dependent on the extent of the injury, for example, is the injury temporary or permanent, how long the recovery will take, extent of the defendant’s negligence, and clear evidence of pain and suffering. These cases usually take a long time; therefore, you must be patient while focusing more on healing from the trauma.