Injured parties have a right to compensation in personal injury cases. The right amount of compensation is crucial to a person’s recovery. Specific steps can be taken after an injury to maximize their claim. Following this checklist will help you increase your case settlement.
Documentation is an integral part of any case of personal injury Tampa FL. It proves the existence of the injury, its severity of it, and the cause of the accident. Documentation can also increase the value of your claim. In addition, it can refresh your memory of the accident and your symptoms. Photographs are beneficial in personal injury cases.
Taking photos of the scene after an accident is crucial. Photographs can help show a jury a clear picture of the injuries. Videos can also be a great help.
Statute of Limitations
If you were injured in a car accident, you might have a time limit on bringing a lawsuit. Depending on the state, this time limit can be as short as one year or as long as six years. However, there are significant exceptions. In general, you have three years from the date of injury to file a lawsuit.
You also may have a longer time limit if your injury resulted from intentional or malicious behavior. For example, the statute of limitations for a defamation lawsuit is longer than for an accident involving a car accident. Moreover, a medical malpractice claim has a shorter statute of limitations.
Damages in personal injury cases fall into two categories: economic and non-economic. Economic damages seek to compensate the injured party for money lost due to the accident, while non-economic damages account for non-monetary harm, such as pain and suffering. Often, non-economic damages are harder to quantify.
Punitive damages, on the other hand, are awarded to punish the defendant for causing the accident. These damages deter future bad behavior and can be worth millions of dollars. However, most states have caps on punitive damages. Additionally, the damages can be reduced if the injured person is partially or entirely responsible for the accident.
Non-economic damages include pain and suffering, emotional distress, loss of consortium, and general loss of enjoyment in life. In addition to economic damages, non-economic damages can also be awarded to compensate for psychological damage caused by an accident. The jury also takes testimony and treatment into account when awarding non-economic damages.
If you have been involved in an accident involving another person, you may be able to sue the insurance company to get compensation. The damages you receive may be based on the money lost, including medical bills. However, if the insurance company denies or minimizes your pain and suffering, your compensation may be lower than you deserve. Insurance companies have a legal duty to act in good faith. However, some companies use bad-faith insurance practices to avoid paying total compensation. If you feel your insurer has acted in bad faith, you can sue them for damages.
Insurance companies provide liability insurance coverage for individuals and businesses. They also compensate injured victims when they are liable for an accident. However, insurance companies are in business to make money, and paying out injury claims costs them money. This is why you might have to fight for your compensation.
Overstating your Injuries
In personal injury cases, overstating your injuries can be a big mistake. Not only will overstating your injuries hurt your case, but it is also against the law. It can also result in a lawsuit for malicious prosecution. In Pennsylvania, people who misrepresent their injuries can be held criminally liable for this.
It is essential to follow the advice of your doctor. Not receiving treatment will not only hurt your case, but it could also hurt your health. In addition, insurance companies can use it as evidence to claim that you overstated your injuries or lied about your health condition. In some cases, it is not uncommon for insurance companies to hire private investigators to look for red flags.