The situation surrounding a given accident determines the amount of compensation that is awarded the claimant/plaintiff, as per an Injury Lawyer in Mississauga.
How does a claimant’s/plaintiff’s prior injury affect the value of a claim?
Was the defendant careless and neglectful? Did the defendant’s negligence cause the claimant/plaintiff to be injured? If the answer to both questions is “yes,” then the value of the claim increases.
Is there a minimum or maximum amount for the compensation?
No, the compensation should be determined by the extent of the claimant’s/plaintiff’s loses. What were the medical expenses? What wages were lost? Did the victim suffer a permanent or disabling change?
What elements of a case can become grounds for a claim of pain and suffering?
Obviously, any physical pain qualifies as pain and suffering. In addition, any level of anguish, anxiety, worry, sleeplessness or emotional disturbance can be used as a reason for asking to be compensated for pain and suffering.
When should a claimant agree to settle?
Lawyers tell their clients to refuse any offer until all injured parties have reached the point of maximum medical improvement. Anytime that a claimant agrees to settle, he or she gets asked to sign a release. Once a release has been signed, the claimant can no longer ask for compensation, even if an old injury develops new symptoms.
Insurance companies encourage their claimants to accept an early settlement. That saves them from the need to cover any aggravation of an existing injury. That could include a reaction to a prescribed treatment.
What is subrogation?
That term refers to the treatment of a monetary obligation that a client’s lawyer owes to the client’s health insurance agency. That agency has covered the cost of the medical expenses that arose, due to a given accident’s occurrence. It expects to be repaid.
The client’s lawyer must work with the health insurance agency. The lawyer knows how much money the agency paid and how much money the client received. Using those 2 figures, the client’s attorney needs to handle the subrogation process.
The subrogation process creates a challenge to those that are handling a personal injury case. Lawyers have been trained to deal with that challenge. The unrepresented client has not received such training. That is one reason that it pays to retain an attorney. Another reason relates to the compensation. Claimants and plaintiffs that hope to get a large compensation should hire a lawyer. The lawyer’s experience allows for the presentation of a winning argument.
A winning argument works to counter the challenges from the disputing party. The ability to defeat those challenges helps to guarantee the granting of a fair compensation package. Failure to confront those same challenges means the loss of an anticipated compensation.