How can I be compensated for my losses?
If the responsible party had a relevant insurance policy, then you, the victim would be able to file an injury claim with that same party’s insurance company. If the responsible party had failed to purchase such a policy, then you, the victim would have a right to sue that same person.
Note that there is an exception to the victim’s chance to pursue a lawsuit. That exception exists in states with a no-fault system for traffic accidents. In such states, a victim’s medical expenses must exceed a certain value, before he or she has the right to sue the individual that caused the accident.
Do I need to consult a lawyer?
Someone that has been involved in a minor accident, and someone that feels confident about dealing with the insurance company might not need a lawyer. Of course, confidence would not prevent the development of problems.
For instance, someone that has suffered a serious injury, or someone that has been forced to deal with allegations of shared fault should think seriously about consulting personal injury lawyers in Timmins. Victims have a right to fight an allegation of shared fault. Lawyers understand how to increase the chances for winning such a fight.
By the same token, someone that has used a personal health insurance policy to cover the medical expenses, but has also chosen to file an injury claim with the insurance company could probably benefit from a lawyer’s assistance. Lawyers understand how to reimburse a provider of funds, once the victim/client has received the anticipated compensation.
How can I estimate the value of my damages?
Insurance adjusters estimate the value of a claimant’s damages by adding up the total from all of their medical bills, and then using that total as one factor in a multiplication operation. The other factor is a figure between 1.5 and 5. It should indicate the nature of the injury. Adjusters use a 5 or more for serious injuries.
Once the product for the multiplication operation has been obtained, then the adjuster adds to that figure the value for the victim’s lost wages. An adjuster might use that final figure as a guide, when deciding on the opening bid. Yet, adjusters’ supervisors often suggest a consideration of other factors, such as likelihood for a charge of shared fault.
Understand that the adjusters’ formula only provides them with an estimate. Still, if you were an injured victim, you could use that estimate to fix in your mind an amount that would be your minimum acceptable offer, during the negotiation process. Of course, you might want to change your minimum acceptable offer, once you had received the adjuster’s opening bid.