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Insurance companies are notorious for “low-balling” compensation from car accidents. If you’ve been injured in a car accident that wasn’t your fault, it’s a good idea to work with a personal injury lawyer — and get in touch with one as soon as possible. You have the legal right to pursue compensation for your injuries and losses through the court system. Without a lawyer, insurance companies don’t have to worry about being sued, and will try to pay as little as possible — typically well below the actual cost of vehicle damages and medical care. Settlement with a lawyer involved typically produces 3.5X the results in settled cases.
When you’re injured, an insurance policy almost always comes into play, especially in the context of an accident where someone else may be at fault. So, you might file a claim under your own insurance coverage (and your insurer might turn around and seek reimbursement from the insurance carrier of the person who was at fault), or you might file a third-party claim directly with the insurance company of the at-fault party. In either case, for an insurance company, handling a claim is all about doing two things: minimizing costs and managing risk. The insurer will do everything it can to resolve the claim before it gets to court — meaning reach a settlement agreement in which you receive a sum of money and the insurer and/or the defendant are released from any further liability in connection with your injuries. An insurer is not going to let a personal injury case go to trial, where it can be put in the hands of an unpredictable jury, one that could just as easily award the plaintiff millions of dollars as it could absolve the defendant (and the insurer) of any liability.
In personal injury language, the different kinds of compensation you can receive are divided into two main groups: general damages and special damages. General damages are also sometimes called “non-economic” damages, and special damages may be referred to as “economic.” Basically, general damages are the kinds of harm and losses that stem from the underlying accident or injury, but are not easily quantified and can be more subjective. This includes compensation for any pain and suffering, loss of enjoyment of life, lost companionship, disfigurement, and similar harm caused by the accident and resulting medical treatment. Special damages are losses that are easy (or easier) to quantify (put a dollar figure on, in other words). This includes compensation for medical treatment, lost wages, lost income opportunity, property damage, and other economic losses resulting from the accident, medical treatment, and any resulting disability or limitation.
If you were injured in an accident, and you were not at fault – or at least, not “mostly” at fault – you should receive some amount of money for your pain and the impact the injury has had on your daily life. In accidents with minor, short-term injuries, it may be a small “token” amount. When injuries are more serious, painful and/or long-lasting, the settlement of the pain and suffering portion of your claim increases sharply.
Yes, payment (or reimbursement for payment) of medical bills will be a component of any settlement that is reached in an injury-related insurance claim or lawsuit. The plaintiff/claimant will be compensated for all medical treatment necessitated by the accident. That includes reimbursement for medical bills already paid, and a plan for payment of all future medical treatment that will be necessary. One thing to be aware of when it comes to getting compensation for medical bills that have already been paid: Your health insurance provider may have a lien on part of your settlement, if your provider already paid some or all of the bills that you later get compensated for.