Personal Injury In A Nutshell
What you need to know. By Richard Patrick
Sometimes individuals make errors in judgment that cause injury to others. Most of these events are accidents. Common types of “personal injury” accidents include: automobile accidents, medical malpractice, and slip and falls.
In this article, the basics of the personal injury claims and damages will be discussed.
The basic starting point in determining if an individual has a personal injury claim is to ask the question: “Did the person that caused the injury have a duty to act in such a manner as to not cause the accident.” If the answer is yes, then the person that caused the injury or property damage may be financially responsible for the damages.
The main types of compensation an injured party is entitled to include: property damage, past lost wages and medical expenses, future lost wages and medical bills, and pain and suffering.
Usually it’s easy to calculate property damages; however, it can be frustrating. For example, it often seems like most people do not get enough money to replace a totaled vehicle. Usually insured parties are entitled to the fair market value of damaged property; but often people have an inflated idea of the fair market value of property.
It’s also easy to calculate past lost wages and medical expenses. Pay-stubs and tax returns are often the basis for this calculation although sometimes a letter from an employer can. A copy of medical bills, paid or unpaid, is the general standard used to calculate past medical expenses.
Future lost wages and medical bills can be more difficult to calculate. This calculation is a lot easier to do if an individual has a long-term, steady job. However, it can be difficult if someone is a fisherman, or otherwise self-employed. Future medical expenses are usually calculated by obtaining a diagnosis (nature of the injury), prognosis (a forward-looking perspective of the injury), and treatment plan (specific medical treatment needed) from a physician and then converting that information into a dollar amount.
The items above are things we can buy at fair market value. Nonetheless, there is no fair market value for pain and suffering. Generally speaking, in Washington State, the greater the medical bills the greater the pain and suffering. Compensation for pain and suffering is not taxable.
Navigating a personal injury claim can be a daunting experience. Almost all personal injury attorneys take these cases on a contingency fee basis and will meet with individuals to discuss a case for free. It’s always a good idea to seek the advice of a personal injury attorney to discuss an event, whether one would like to handle it on one’s own, or needs more expertise.
Disclaimer of Liability: This information is only provided to increase awareness of issues surrounding personal injury claims. While the information provided is about legal issues, it is not legal advice or legal representation.
Richard P. Patrick is a local Gig Harbor Attorney. His office is located at 5358 33rd Ave NW Suite 102, Gig Harbor, WA 98335. (253) 858-6800 richardpatricklaw.com
