Tag Archives: compensation claims

How Much Does Your Personal Injury Insurance Claim Cost?

In order to find out the cost of your personal injury insurance claim, automobile insurers follow certain techniques. Calculating the worth of your accidental injuries is an important element of any personal injury insurance claim. It is that component of a claim, which is most hard to find out; the amount differs contingent on your specific financial condition. Following details would give you a general idea about how insurers ascertain the value of a personal injury insurance claim:

What an Auto Insurance Company Should Compensate or Make Payments For

To find out the value of your claim, it is advisable that you understand the forms of damages or losses for which you might receive payments. Normally, an individual who has been held legally responsible for a motor vehicle accident and hence his or her liability insurance company should make payments to an injured individual for:

  • Loss of income as a result of the accident, due to incapacity to work or going through intervention for injuries
  • Medical care and associated expenditures
  • Permanent physical impairment or deformity
  • Loss of social, family and educational skills such as missed training or school, recreation or holiday trip or a particular occasion
  • Emotional losses like embarrassment, stress, depression or family relationship strains, for instance, the failure to look after children, concern over the consequences of a road mishap on an unborn baby or disturbance with physical relationships
  • Damaged property

Damages Formula of the Auto Insurance Company

While working out compensation, it is normally easy to sum up the money lost and money spent. However, there is no exact technique to gauge missed experiences, pain, lost opportunities and misery. This is where the damages formula of an insurance company has an important role to play.

At the commencement of negotiation for claims, the overall medical costs associated with the injury are added together by the insurance adjuster. These expenditures are denoted as medical special damages or just “specials”. This is the base figure that is applied by the adjuster to calculate the amount that is payable to the individual for pain, misery or other nonfinancial losses that are known as general damages.

When the injuries are comparatively negligible, the special damages amount is multiplied with 1.5 or 2 by the adjuster. When the injuries are especially severe, excruciating or permanent, the special damages amount is multiplied with 5 by the adjuster. The multiplier might be as big as 10 in utmost instances. The adjuster subsequently sums up any loss of income caused by the injuries.

The formula is all about this. Nevertheless – this number – special medical damages multiplied by a figure between 1.5 and 5 and subsequently summed up with loss of income – is not the ultimate amount of compensation, but just the figure from which negotiations start.

This is general information only. If you have any questions whatsoever about compensation or whether or not your injury is covered by compensation insurance, talk with a Personal injury lawyer licensed in your state.This should not be used as a substitute for competent legal advice from a licensed professional Toronto Personal Injury attorney.

Personal Injury Claims- A Ray Of Hope For The Injured Parties

This world is filled with those people who just refuse to take the responsibility of that havoc and harm, being brought into the lives of others due to their neglect and carelessness. But there is a ray of hope for those as well, who become the victims of such kind of neglect and irresponsibility. This opportunity to avail the justice is being provided to them through the medium of personal injury compensation claims. These claim cases are a chance for these victims to get the consolation through the doorstep of law. The responsible and guilty parties have to pay the compensation if the claimants get succeeded in winning the claim case.

Accidents are something which are a part and parcel of our daily lives. No one predict when or where he or she will be able to meet an accident so that precautionary measures should be taken. We can take the precautions in the sense that we can be more careful, watchful, alert and observant in order to be on our guard to avoid any such misfortunate happening. But we are unable to do anything where the accident happens due to the fault of the other person despite of the fact that the victim has no hand in this happening. This is the base of all the personal injury claims through which the compensation is being claimed.  The claimant is supposed to prove that the accident has actually happened put of the neglect and irresponsibility of the other person involved in that accident.

There are different types of accidents that are being catered as the personal injury claim cases. These are road accidents, workplace injuries, professional malpractices and accidents of slipping, tripping and falling down. Any one who gets injured as a result of any of these accidents due to the fault and neglect of the other person, is supposed to get the help of this legal department.

Through the medium of personal injury claims, the injured party gets the chance to ask for the compensation from the guilty party. This compensation is supposed to be a monetary relief that is being paid to the victim for the injuries and losses; he has to suffer as a result of some accident. It can be the physical injury, emotional torture, mental agony and financial loss. All this gets calculated in the assessment of the exact compensation claim amount.

Personal injury compensation claims are definitely a hope for those who have to suffer a lot as a result of a certain accident due to the fault of another person. This monetary relief or the compensation helps the victim a lot in counterfeiting the aftereffects being caused by the accident.

This is general information only. If you have any questions whatsoever about workers compensation or whether or not your injury is covered by workers compensation insurance, talk with a licensed Toronto Personal Injury lawyer.

The Simple Formula To Gain A Secured Compensation Claim

Personal injury claims are a channel through which the victim of an accident, the recipient of the consequent injuries is supposed to avail the compensation from that person whose neglect has caused the accident. This is the worth of these legislative reforms where it is made sure that the deserving should get the justice and the responsible and the guilty ones are to pay here for their recklessness and neglect. There is a large number of claimants who claim these compensations but not all of them taste the victory. There is a simple procedure by following which the claimant can increase the percentage of winning.

First of all, the claimant has to be sure that he or she has a valid case. By valid case, it is meant that the claimant is to be sure that the accident has happened due to the fault of another person. Then in this regard if he considers filing the compensation claim against the responsible party, the victim, the injured party should be able to gather the proofs in his favor right from the accident scene. This turns out to be a great help after wards. There are different types of accidents like road accidents, workplace injuries, the professional malpractices, incidents of slipping and tripping etc that are the common causes behind these compensation claims. So, in case of the victim in any of these situations, you as a future claimant is to gather some proofs like

  • Getting the contacts of the witnesses of that accident scene
  • In case of a road accident, getting some photographs of that spot. It really helps out if your car or bike has suffered some damage. It proves to be a helping proof.
  • Getting your accident registered as soon as possible rather call the local police authorities to the accident spot. It lends a sound credibility to the case.

The victim is supposed to file the compensation claim as soon as possible because there is a deadline to all the personal injury claim cases and in case it expires, you can not file the case against the guilty party despite of having a strong case. So, this decision is supposed to be taken very quickly. Then the relative steps are to be taken. Medical examination is of utmost importance in this regard. You are to consult a doctor right after receiving the injury in the accident. It not only determines the nature of the injury but this medical report serves as the best possible proof in the favor of the claimant as well.

The most convenient way to move ahead towards a secured compensation claim is the consultancy done with a professionally skilled lawyer. It is the expertise of lawyer that relieves the entire burden from the claimant. Right from the basic step of determining the extent of the fault, estimating the compensation amount to representing the case in the court and negotiating with the third party insurers; all this is being dome by a professional personal injury lawyer.

Hiring and appointing a skilled personal injury lawyer happens to be the working formula that leads the claimant towards a successful claim. So, the claimant is supposed to get in touch with an expert and specialist personal injury lawyer who can guide him and assist him in the best possible manner.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice

Estimation Of The Compensation Regarding Personal Injury Claim

Personal injury claims are that opportunity being provided by the law where the victims of different accidents are supposed to be compensated for their pains and sufferings. Though, it sounds very unusual that the responsible ones are to pay for their faults in form a monetary compensation to those who have been subjected to the rashness and neglect of theses guilty parties. One of the most important ingredients of the set up of these claims is the accurate estimation of the compensation claim.

The compensation that is being granted to the claimants of the personal injury cases happens to be in form of a financial assistance being made sure by the law department. Here, a question ma arise can the money really evaporates the injury and dissolves it instantly. Well, the answer is surely not but this monetary relief does lessen the intensity of the aftereffects associated with that accident. We can not say that the physical injury gets to heal the moment, personal injury claim is won but we surely can say that there comes a marked difference in the severity of that injury. So, it is very important the accurate amount of the compensation shoulder demanded.

There are two main factors that influence the determination of the claim amount. These are the intensity of the physical injury being received, the associate medical treatment and the future medical expense that is likely to happen in the future along with the financial loss. These two are the many factors that determine the compensation amount. To put in to specific categories, all the pecuniary (tangible loss like lost income, property damage, medical expense, hospitalization etc) and non pecuniary damages (pains and sufferings) are to be compensated by the responsible and the guilty party.

In this context, the professional expertise of a personal injury lawyer counts a lot. A claimant with extensive knowledge regarding the personal injury claims can also do it on his on but it is the specified duty of lawyer practicing in the field of injury claims. So, it is always very beneficial to consult with a lawyer in order to get an accurate estimation of the compensation amount. There have been many cases where the victims with very little information were made to accept really lesser amounts of claims offered by the third party insurers. The professional advice helps a lot to avoid such mishaps.

Another thing to be kept in mind that you are not to expect the same amount for your claim that you heard one of your friends got for the same type of accident that he went through. Even the same accident cases are not to be given the equal amounts because the damage and the intensity of the injuries are bound to differ from case to case. The compensation claim definitely relieves the claimant of some pressure that the accident caused him. But in this regard, he has to consult a professional lawyer who can get him an accurate estimation of the claim that is desired by the victim of an accident.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Two Crucial Blunders Commonly Committed By The Claimants Of Personal Injury Claims

Accidents are something that we frequently see happening to others in our daily lives. At times, we also become a prey to the neglect and recklessness of another person and have to go through a series of suffering involving physical pains and financial hurt. Personal injury claims have been devised to get the monetary compensation to theses kinds of victims who have to suffer due to the fault of others. The number of claimants filing compensation claims is increasing every year as awareness related to these legislative reforms is becoming known. But there are those claimants also who turn the tables against their own selves by committing two common blunders.

The first one is the hiding of the facts from the hired Personal injury lawyer. A claimant is supposed to hire a specialist lawyer for the personal injury claim case. But the most important thing is to tell even the minutest detail related to the accident, to the victim’s previous accident history and the medical history. These facts are to be told by the claimant in sincerity to the lawyer. Charge of responsibility is to be decided after the hearing of the case and until then the claimant also remains under the bar of doubt. This is the job of an expert lawyer to stand the claimant aloof from the neglect and irresponsibility that has caused the accident.

In case, the claimant does not tell all the facts to the lawyer, then the case can not be genuinely established. This is the lawyer who is to decide whether these given facts can impact the case in a negative manner or a positive manner and in this regard, the lawyer presents the whole case in an appropriate manner by molding the facts in the favor of the claimant. So, it is essentially important for the claimant that he or she has to speak the truth with the lawyer, relating all the true facts and evidences and hiding absolutely nothing.

The other blunder that most of the claimants make is the disclosing of the facts to the insurance company. This can be harmful to the case. The insurers always try to make full use of the innocence of the victims and if they can manipulate the given facts regarding the accident, the accident history or the medical history of the claimant. This is the reason; claimants are advised not to talk to the third party insurance companies right after the occurrence of the accident. These details are to be given by the hired lawyer because a claimant does not know what should be told to the insurers and what should not. This is a mistake that can lead to serious consequences either in case of a lesser amount of compensation claim or losing the case.

These two common blunders are to be avoided in the context of personal injury claims. Though these mistakes are commonly committed but the claimants are to stay away from them if a successful compensation claim is desired.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Are Wrongful Deaths Entitled To Compensation Claims?

Personal injury claims are a way through which the victims of inflicted pains, sufferings and losses as a result of some accident that occurs due to another person’s negligence get a chance to be compensated. There are those unfortunate victims as well who get so severely injured that they no longer live to claim for their compensation. In such cases, these unlucky and wrongful deaths become entitled to the compensation claims and deceased person’s family is the one who claim this compensation.

Wrongful deaths are eligible for the compensation but the family members namely the wife/husband and the children come under the beneficiaries of such claims. Personal injury claims are being filed by a great number of victims who have to suffer as a result of different types of accidents.   The negligence, rashness and irresponsibility of a person can cause another one to lose his life or her life. These accidents can be the automobile accidents (in which the dead one can be the pedestrian or the driver of any vehicle), workplace injuries, deaths occurring as a result of the usage of some defective product or service and medical malpractices.

The family members of the deceased persons can use this medium of personal injury claims where they get the compensation from the responsible parties. In this context, there are specialist personal  injury lawyers who deal in the field of wrongful deaths. The family members of such victims are to contact these lawyers who can guide them in the right direction. These lawyers can deal these cases basing on their expertise and abilities, helping the victim’s family getting compensation and justice.  The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice

Wrongful deaths are absolutely entitled to the compensation claims being filed the family members of the unfortunate victim. Though, the lawyer decides this after going through the details of the accident in order to measure the extent of the fault. It means that all the details are being viewed minutely so that it can be established on the factual grounds that the accident happened due to the fault of the other party and consequently, victim died. In such circumstances, if the dead one happens to be the only bread earning hand of the house hold then the family has to face a lot of financial crisis along with the emotional distress.

The amount of compensation can not bring the dead one back but at least help the family of the deceased one to keep the routine of life going on. A professional personal injury lawyer should be consulted by the victim’s family so that the case should be represented with full conviction in order to avail a successful claim.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice

Pecuniary And Non Pecuniary Damages For Personal Injury Claims

Personal injury claims provide the victims of different accident, a chance to sue the responsible party for their pains and losses. Through this medium, the injured party gets an opportunity to be compensated for that specific injury, it has suffered. As the time has elapsed, these legislative reforms have become friendlier to help the needy ones. Through personal injury claims, the victims can ask the guilty parties to pay for their damages. These damages are mainly of two kinds; pecuniary and non pecuniary.

Pecuniary damages are those damages which are related to the finance or property. There are different types of accidents which contribute towards the pecuniary damages. Road accidents are a common example of it. A car or a motorbike accident can involve a high damage to the vehicle. In that case, the property of the victims gets damaged by the neglect or rashness of the other party. And hence, the claimant can ask for the repairing expenses related to this damage in form of compensation from the guilty party.

Other thing that comes under the banner of pecuniary damage is the lost income or lost wages. This can happen if the claimant has gone through severe physical injuries and on that basis he is not able to carry on his work and thus it results in form of lost salary. This financial loss is to be compensated by the responsible party.

Pecuniary damages also involve the expense related to the hospitalization. While determining the amount of compensation, this factor is also to be kept in mind. The victim’s expense on hospitalization and the related medical treatment is also to be included in this kind of damage and it is supposed to be compensated as well. It also includes future medical expenses as well that are likely to happen as an aftereffect of the accident.

The other type is the non pecuniary damage. It relates to the suffering and pain which comes out as a result of the injury being experienced by the victim due to the fault of another person. This can be due to the physical injury and the psychological and the mental injury or trauma is also a part of it. Most of the accidents usually happen in the physical injuries being experienced. These are supposed to be of any types ranging from fractures to brain injuries, from bleedings to bruises.

The intensity and severity of these injuries is very much entitled to compensation. Medical examination reports counts a lot in this regard. It is done so to establish the credibility of the victim’s claim regarding meeting with an injury and also for determining the nature and the intensity of the pain and suffering related to that specific injury.

So, those injured parties who experience any of these damages can claim compensation for it but they have to prove their cases in this regard.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Is the loss truly compensated through the medium of personal injury claims?

Personal injury claims are being filed so that the claimant should be compensated for the pains and losses, he or she is made to suffer from. These pains and injuries occur as a result of the accidents that happen due to the fault of another person the carelessness and the neglect of that person causes a lot of suffering for the victim of the accident. The physical injury, the mental trauma and the property damage; all these factors affect the life of the victim and on these basis the victim is granted the compensation. Well, the question is that through the medium of this monetary compensation clamis, does the claimant really get a way to forget all what has happened to him. Does all the pain and sense of loss really vanish away, the moment compensation is granted to the claimant?

The victim of the unfortunate accidents has to go through a lot and the most prominent aftermaths that embrace him cruelly care the prolonged physical injury and the consequent financial pressure. Through the medium of compensation, this excess baggage can be lifted from him. Though, it can not be said that the physical pain and the sense of loss just vanishes away with the grant of the compensation but the intensity level of these injuries become quite lessened. And, the reason is that the scars and the pain of the injury may take a longer time to get healed but the monetary relief helps the claimant in various ways. this sense of relief counts a lot for those claimants who run short of income as they are no linger to continue their jobs on the basis of their physical injury that results in financial restraint namely the lost wages.

To keep the medical treatment going on is really essential for the claimant. So, on these cases, with out having much financial support, the compensation does bring a relief to the poor victims. The other thing that counts is the satisfaction associated with the fact of getting justice and making the guilty one paying for his wrongs. This really makes the claimant to feel fulfilled. Through the channel of personal injury claims, though the pain can not be healed instantly but the severity level of the sense of suffering becomes really lessened up.

In case of winning the compensation claim, on one hand the claimant feels the relief in getting the justice being done to him and on the other hand feels free of the sense of suffering that kept beguiled him after the happening of that particular accident.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Estimating The Accurate Amount For Compensation For An Out Of The Court Settlement.

Personal injury claim cases either get settled in the court rooms or outside the court boundaries. The procedures for both the types are different. Those who want to avoid the pitter patter and hustle bustle of the legal procedures usually go for the out of the court settlements. The situation for the settlement arises when the claimant and the third party insurers get along on one amount of compensation. This compensation is to be paid by the insurers of the guilty party and to be received by the claimant so it is very important for both the parties to agree on this point in case they want to go for the settlement. There are certain factors that influence the calculation for a compensation amount.

Well, these factors can be different for the claimant and for the guilty party. It is the primal goal of the third party insurers to give as less amount as possible and the claimant under the guidance of his appointed lawyer wants quite higher than the estimated amount by the responsible ones. But this the skill and the expertise of a lawyer that makes the insurers negotiate on the deserving amount for the compensation claim. And in case of an out of the court settlement, the insurers usually have to agree what the claimant wants, if not totally than the amount is supposed to be quite near to the estimated one by the claimant.


This is the art of the Personal Injury lawyer that helps the claimant getting his desired amount for the compensation. Well there are different features that tend to have an impact on the calculation of the amount. These are

  • The intensity of the physical injury or the mental trauma. The injuries can be minor and they can be severe. So, the compensation amount needs to be according to the severity of the injury and pain.
  • The extent of the medical treatment. There are those injuries that get to heal soon and there are those as well that take a lot of time. The medical expense related to the period of healing as well. So, a thorough physical examination report is needed to base this calculation on this factor.
  • Property damage usually in cases of road accident occurs in the damage to the vehicle. The third party insurers are also to pay for the compensation of that loss. The repairing of the property is to be borne by the guilty party.
  • Last but not the least is the compensation for the lost wages and income. Due to the injury, the claimant might not be able to carry on his work and that results in lost wages. The guilty party is also to compensate for this.


These are the main factors that build up the calculation for the compensation amount. An expert personal injury lawyer should be consulted to get this estimation because there is always this fear of being paid low by the third party insurers.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Factors Affecting The Compensation To Be Claimed In A Personal Injury Case

The basic purpose behind filing the personal injury cases is supposed to be the monetary compensation. The victim of these injuries which he or she has to go through due to the recklessness of another person resulting in accident often has to face quite severe aftermaths of that accident. Financial restraint is the most important one resulting in lost income if the claimant becomes unable to join his work for a period of time and the medical expenditure for the physical injury he has received. These compensation claims are being filed by a majority of the victims. But an important step is to determine the exact amount of the compensation that the guilty party is liable to pay to the claimant.

In this regard, the most important step that is to be taken by the claimant is the consultancy with lawyer and not just any lawyer but a specialist and skilled personal injury lawyer. These personal injury cases are either settled out of the court or taken to the court rooms. But, in both the case the exact amount of the compensation should be asked for. The third party insurers and the jury members of the civil court make every surety how much compensation is being asked for and is it really the worth of the injuries that the claimant has gone through. So, the estimation of the compensation claim counts a lot. At times, it matches with the figure being desired by the claimant and at times the court decides on its own, keeping in view the different facts and evidences.

The two main factors affecting the estimation of the compensation claim is the severity of the injury. The victims of the same type of accident do not get the same amount of compensation because the severity of the injury is not the same. The claimant is supposed to go for a medical examination and the thorough physical check up after meeting up with an accident. The medical report of the doctors counts a lot in determining the compensation amount. There are many times when the court asks the claimant to go through a medical examination again in order to reach at a final assessment. The severity of the physical pain and suffering gets to be judged by this medal report.

The financial pressure is the other important factor that affects the calculation of a compensation claim. At times, the injury is so severe that the claimant is no longer able to carry on his job. This results in lost wages. Bills, rentals, medical expenditure along with the lost wages help in determining the compensation claim when the court takes the notice of the financial restraints.

There are specific procedures that re being used to calculate the compensation amount by the lawyers and the insurers but the circumstances, the severity of the injury and the financial restraints are the important factors that help in calculating the compensation amount.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.