Types Of Claims Stemming From Personal Injury Incidents Or Accidents
Several types of claims can arise from incidents or accidents leading to personal injury, particularly in the context of automobile or trucking accidents.
- Property Damage: This refers to the necessary repair costs to restore your vehicle to its pre-accident condition. However, it’s important to note that if the repair costs exceed the car’s market value, the compensation is capped at the market value. For instance, if your older car’s repair costs amount to $10,000 but its market value is only $4,000, the compensation will be limited to the latter amount. While this might seem unfair, it’s the current legal stipulation.
- Personal Injury Claim: A personal injury claim provides compensation for the injuries sustained during the accident. This claim includes several components:
- Past and Future Medical Expenses: This includes the cost of medical treatment from the time of the accident until the settlement or trial and the estimated cost of any future medical treatments for your injuries.
- Past and Future Wage Loss: If your injuries prevent you from working, you’re entitled to compensation for the wages you’ve lost during recovery and potential future earnings if you’re permanently disabled.
- Compensation for Permanent Impairment: If your injuries result in permanent impairments such as limb loss or partial paralysis, you’re entitled to compensation for the loss of use of that body part.
- Pain, Suffering, and Inconvenience (General Damages): This broad category of compensation is designed to cover the pain and suffering incurred due to your injuries, the loss of enjoyment in life while recovering, and any future pain or suffering expected. Additionally, it takes into account any inconvenience you’ve experienced, such as time spent on medical appointments or home exercises, due to the injury someone else caused.
Medical Coverage During The Case And Before Settlement
Several options exist to cover your medical bills while your case is ongoing and awaiting settlement.- Personal Injury Protection (PIP): If you’re involved in an automobile accident and you have Personal Injury Protection or Medical Payments Coverage, this is typically part of your auto insurance policy. PIP covers your medical expenses up to a certain limit that you set when purchasing the policy. The minimum in Washington is usually $10,000, although it can sometimes go up to $35,000. This coverage applies to reasonable medical treatment needed because of injuries resulting from the accident.
- Private Medical Insurance: Once you’ve reached your PIP limit (say, $10,000), any additional medical expenses become your responsibility. If you have private medical insurance, whether it’s an HMO or PPO, you can use this coverage to fund your ongoing treatment.
- Medicare or Medicaid: If you’re enrolled in Medicare or Medicaid, these programs can also be used to cover your medical expenses.
- Arrangements with Providers: If you lack insurance or the ability to pay deductibles or out-of-pocket costs, some healthcare providers may work with you to establish payment plans or agree to defer billing until you receive a settlement from your case.
