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FAQs about Personal Injury Damages

When you are injured in a car or motorcycle accident, slip and fall, or any other incident where the negligent actions of another person caused the injury, you can hold them liable to pay compensation by filing a personal injury claim. Most people are unsure and baffled about certain aspects of a personal injury case. Here we have answered some of the common questions that clients ask our attorneys:

Q: Can a pre-existing injury affect my claim?

A: Typically, the responsible party is liable to pay for all the damages you sustained in the accident, even when there is a pre-existing injury. This means that your attorney will have to prove that negligence made your injury worse, and the defendant will have to pay compensation for the extent to which it aggravated.

Q: How long does it take for the money to arrive when my case settles?

A: Once your personal injury claim has been accepted, your attorney will write to the concerned authorities and request to prompt your payment. It is usually received within 21 days, but you can expect some delays, as mostly it is the insurer that pays the due amount. If it is taking a lot of time, your attorney will advise you on the next steps.

Q: Can I determine a maximum or minimum amount that I can expect to recover?

A: No, there is no way to accurately determine the maximum or minimum settlement for your personal injury; it can only be estimated. Since every case is different, the amount of compensation depends on a number of factors, including:

  • The seriousness of your injuries
  • Your prospects for a full recovery
  • The extent of your medical treatment
  • The medical expenses and costs related to your future care
  • The amount of available insurance coverage
  • The effect of the injuries on your earning capacity
  • The lost wages and other forms of income
  • The nature of the defendant’s liability
  • Damages to any personal property
  • Any permanent limitations or disability after the injury

This is an incomplete list, and more factors may affect the settlement amount depending on the unique aspects of your case.

Q: What is meant by pain and suffering?

A: The term pain and suffering refers to the pain you have to bear because of the injury and the medical treatment. It also includes any mental anguish, trauma, sleeplessness, worry, stress, anxiety, and any emotional psychological manifestations of your injuries. Moreover, it covers your inability to enjoy certain activities and hobbies that you used to participate in before the accident.

Q: What are the things that can improve my chances of acquiring maximum compensation?

A: You can do the following things to improve your chances:

  • Seek immediate medical attention to obtain a record your injuries.
  • Collect as much information of the accident scene and take photos.
  • Make sure the responsible party doesn’t leave the scene until the authorities have arrived.
  • Contact a reliable and experienced personal injury lawyer and follow their legal advice.

A lot of things affect a personal injury claim. If you have any other questions or need an attorney for your case, you may contact Fisk & Monteleone LTD. today at 815-209-9030 to schedule a free case consultation with one of our experienced personal injury attorneys.