February 29, 2024

The Compensation Procedure For Victims Of Bodily Injury

There are several steps from Stracci Law Group for example in the personal injury compensation process. The first step is to determine if the victim is entitled to compensation. This assessment is based on studying the circumstances of the accident (single or other vehicle involved, what type of vehicle, day, night, etc.) and the injured person’s insurance contract. The principle of causality could be studied: this principle requires that the damage be caused by the person against whom the action is brought. If this causal link cannot be established, there are cases where the victim cannot be compensated.

The second step is to quantify the damage. To do this, we consider the type of harm suffered, its severity, and its consequences on the victim’s life. This is where the medical experts come in. Medical expertise is carried out after the damage’s consolidation when it no longer evolves. The objective of medical expertise is to enable an independent expert to assess and give an opinion on the patient’s state of health and to precisely describe the damage to his health resulting from the accident suffered. The medical expertise is set up by the manager’s insurance, his insurer, if a guarantee is available. To choose the right expert, it is necessary to consider his specialty, experience, reputation, and prices.

Medical expertise generally follows the following steps:

  • Appointment of an expert
  • They Examine the medical file of the patient
  • The interview with the patient
  • Writing the report by the expert

In practice, it is recommended to do everything to try to negotiate as well as possible with the insurer by going through a so-called “amicable” expertise by being assisted by a medical adviser at his side as an expert with the lawyer. If the conclusions of the “amicable” expertise are not satisfactory, then there will remain the possibility of seizing the judge to request “judicial” expertise; the Court will then appoint a doctor to examine the sequelae and describe their extent and their consequences.

The third step is to calculate the amount of compensation and indiana misdemeanor exceptions for example. This calculation considers various factors such as loss of income, length of hospitalization, medical costs, and suffering endured. It should be noted that the law does not define any scale. Insurers and judges, however, rely on indicative scales. Both are free to determine the amount of compensation.

Internet sites offer simulators that are based on case law. If they can give an idea of ​​the amounts, it must be remembered that each situation, each accident, and each damage is unique. The quality of the expertise, the presentation of a file, and the work of the lawyer can strongly influence the final amounts, and the lawyer has tools for analyzing mass court decisions (with multi-criteria searches on several million court decisions corresponding in particular to the case of the defendant victim) to try to refine the amount of the claims as well as possible.

The fourth step is to request and receive compensation from the insurer of the person responsible for the damage, which can be done following an amicable settlement or through legal proceedings.