Financial compensation for physical injury, emotional distress, pain, and suffering are vital components of personal injury law. While many understand the legal process for filing a claim or lawsuit, many don’t know how to get paid after an accident in a way that covers all incurred medical bills, property damage, and lost wages.
However, by learning more about the process, from filing a claim to getting paid after an accident, injured parties have a better chance at speedy, successful outcomes.
if you or loved one has been injured in an accident due to someone else’s negligence, contact a skilled personal injury lawyer near you for legal assistance.
Can A Person Get Paid After An Accident?
It is possible to get paid after an accident, but only if the injured party adheres to the correct legal procedures, including but not limited to:
- Seeking medical treatment for injuries sustained in the accident if needed
- Filing a claim with the appropriate insurance company
- Gathering and providing supporting evidence, such as medical records, police reports, and witness statements
Some states may have more or less requirements, such as filing within a specific time frame, so hiring a personal injury attorney immediately after an accident is the best way to ensure everything gets filed on time and in a way to maximize the recovery.
What Type of Accidents Offer Compensation?
Generally, any accident that is caused by the negligence or wrongdoing of another party has the potential to result in compensation to the injured person, including but not limited to:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Workplace accidents
- Bicycle accidents
- Pedestrian accidents
- Dog bites
- Premises liability
- Spinal cord injury
- Traumatic Brain Injury (TBI)
- Wrongful death
Determining whether a case could result in financial compensation for economic and non-economic damages is best done with the help of a personal injury lawyer.
During a free consultation, a lawyer can identify whether another party’s negligence caused the injuries suffered and, if so, what type of compensation may be available.
How To Get Paid for an Accident? Insurance Claims v. Lawsuit
Two ways to get paid for an accident are through an insurance claim or a lawsuit.
A claim is filed with the responsible or injured party’s insurance company to obtain compensation. These claims typically cover medical expenses, lost wages, and property damage.
However, insurance companies may try to minimize the amount of compensation paid out or deny the claim altogether. For this reason, many people find the help of a personal injury attorney invaluable in assisting with the claims process to ensure adequate compensation for current and future expenses related to the accident.
When the insurance company will not pay a fair amount to resolve the claim, a lawsuit may be necessary to obtain financial compensation.
This is where having a personal injury attorney is incredibly helpful. Trained legal representation can help gather evidence, build a strong case, negotiate with insurance companies, or represent the case in court. Their tireless work for clients ensures the ideal outcome for their situation.
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What Costs Are Covered in Personal Injury Compensation?
Economic Damages
Economic damages are quantifiable expenses related to an accident. Though states vary on what is considered economic damages, the following are commonly included:
- Medical expenses
- Lost wages
- Property damage
- Home and vehicle modifications for disability
The average cost for paramedic care, ER treatment, and potential overnight hospital stays often totals tens or hundreds of thousands of dollars, so hiring a personal injury lawyer to help injured parties get paid appropriately after an accident can be essential for some cases.
Non-Economic Damages
Non-economic damages have no specific monetary value, but proof of the impact on the person’s life is required. Depending on the state, non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of consortium or companionship
- Permanent disability or disfigurement
Because of the complex legal requirements involved in proving non-economic damages, it is important to have a knowledgeable personal injury attorney. An attorney has an intimate understanding of state laws and can effectively argue for the maximum amount of non-economic damages that an injured party is entitled to receive.
How Long Do I Have To Get Paid From An Accident?
Knowing the process involved in a personal injury case is key to understanding how long it takes to get paid after an accident. Adhering to the state’s statute of limitations is most critical to this process.
A statute of limitations is the time limit for the injured party to file a lawsuit. In most states, the statute of limitations for personal injury cases is one to four years from the date of the accident or injury. Failing to file within this timeframe may result in a case being dismissed by the court or rejected by insurance companies.
Whether it is assistance negotiating with insurance companies or someone to represent the case in court, an attorney can help navigate the complicated legal process of getting paid after an accident so injured parties can focus on what’s most important: healing after an accident.
How Are Personal Injury Claims Paid?
If the case is settled through insurance companies with the help of an attorney, the funds will likely be released to the law firm to be held in trust until the case is ready for distribution. The trust account for the law firm is essentially a temporary holding place for funds waiting to be distributed after the terms of an agreement have been met, such as what amounts must be reimbursed to any providers or lienholders.
After verifying and processing the settlement, the funds will be released to the injured party and payment can be issued to any providers with balances or valid lienholders. The process will likely take longer if there are any liens against the settlement, such as medical bills or Medicare/Medicaid. However, an attorney can help ensure that you satisfy all obligations out of any settlement funds.
The same process is typical for personal injury cases that go to trial. If the case is won, the court will issue a judgment stating the amount of compensation to be paid by the defendant. The funds will then be released into the law firm’s trust account and distributed according to the court’s instructions.
In cases involving minors, it may be required that the funds be placed in a trust account that will release the funds to them when they reach a certain age. This ensures that the compensation is used for their future needs and not spent prematurely. This will vary depending on the amount of the settlement, any continuing medical issues for the minor, and the specific rules of the state where the matter is pending.
The best way to understand how personal injury claims are paid is to consult with a reputable personal injury lawyer who can explain the process in more detail. They can also help address any concerns or questions about payment and ensure clients are ready to receive payment into their preferred account.
How Much is an Accident Case Worth?
The compensation received from an accident varies case by case, depending on factors such as the severity of injuries, insurance coverage, and potential liability.
However, it is easy to get an idea of potential compensation by looking at the total costs of the accident. This includes primarily medical bills that have been incurred, but also lost wages and estimates for future medical care that may be needed.
Calculating non-quantifiable damages such as pain and suffering, emotional distress, scarring, permanent impairments, and loss of enjoyment of life is a bit more challenging. Every state varies on how they quantify these types of damages, but some factors that may be considered include:
- The severity and permanence of physical injuries
- The impact on daily life and the ability to perform activities
- Emotional trauma and mental health effects
- The extent of medical treatment and necessary
- Loss of consortium (the inability to have a normal relationship with a spouse or family member)
In cases with significant non-quantifiable damages and large injuries, partnering with a seasoned personal injury lawyer will ensure claimants aren’t disqualified from receiving compensation for these losses.
How To Ensure Adequate Compensation After An Accident
Injured parties won’t get paid after an accident if they don’t file a claim. But simply filing a claim doesn’t guarantee adequate compensation. So, to increase the odds of a favorable settlement, consider following these essential tips:
- Seek medical attention after the accident. Beyond initial paramedic care, following up with a primary healthcare provider to address continuing symptoms and issues is essential. Doing so ensures a comprehensive and accurate medical record to support the damages claim.
- Gather evidence from the accident scene. This will provide the necessary information to prove liability and damages. Ideal at-the-scene evidence includes photos, witness statements, police reports, and any other relevant documentation.
- Keep a detailed record of all expenses related to the accident. To show that the injuries have had a financial impact, it is essential to keep track of all expenses related to medical treatment, medication, lost wages, and any other relevant costs.
- Write a pain journal. Medical documents help prove physical injuries, but a pain journal can provide evidence of emotional and mental distress. Noting down daily pain levels, difficulties in performing tasks, and other challenges faced as a result of the accident can support claims for compensation for non-quantifiable damages. With longer-term larger injuries, this can be a helpful reminder of how the issues progress during your recovery.
- Consult with a personal injury lawyer. Whether filing an insurance claim or lawsuit, a personal injury lawyer is invaluable in helping to understand, organize, and present evidence for a strong claim. They can also negotiate with insurance companies or represent in court to ensure maximum compensation for the damages incurred.
Once legal representation is secured, it is also wise to avoid speaking to insurance adjusters or representatives without your lawyer. Attorneys know how to handle these conversations to avoid potential mistakes or misinterpretations that could harm the case.
Compensation and Fault: A Brief Overview
It is possible to get paid after an accident even if the claimant is found to bear partial responsibility for some of the accident that resulted in injury. Ultimately, the metrics and parameters used to determine compensation vary by state and specific circumstances.
Many states assign a percentage of fault to each party involved in an accident. For example, if found to be 20 percent at fault for the accident and the other party is found to be 80 percent at fault, awarded compensation may be reduced by 20 percent.
However, some states follow a “modified comparative fault” rule or at-fault system, where the injured party may not receive compensation if they are found to be more than 50 percent at fault for the accident.
The best way to understand the types of fault and how they apply to getting paid after an accident is to contact a personal injury attorney for advice.
Secure Payment After An Accident The Right Way
Though getting paid after an accident is possible, the overall process requires claimants to be cautious, organized, and vigilant. A careless or rushed approach can result in lost compensation for damages incurred.
Whether filing an insurance claim or a lawsuit to receive compensation to cover all incurred economic and non-economic damages after an accident, contact Berry Law online or by phone at 402-466-8444 24/7 for a free case evaluation.
