Published On: Mon, Feb 4th, 2019

How to Find Out Whether You’re Entitled to Compensation After an Accident

If you’ve been injured in an accident, either a car accident or some other type of harmful mishap, you may be wondering if you can receive compensation. Another important question is: “Is the other party responsible for my medical bills?”

You’ll want to consult a law firm, like The Millar Law Firm, that is knowledgeable in accident rules and regulations. They are a company of attorneys that have already won big settlements because it matters who represents you in such a trying time.

Compensation After an Accident

Below is a list of where to go to find out if you are entitled to compensation after an accident.

Speak to a Lawyer

Once you are safe, either a few hours after the accident or the next day, contact a lawyer. A successful and well-informed attorney can help you determine if you are due compensation for this particular incident.

 

First and foremost, the lawyer will ask if you were at fault. If you were not at fault in the accident, and you can prove it, then you are most likely able to sue for compensation.

Negligent is another determining factor. Was either party negligent? If you were at fault in the accident, you will usually not be able to place a claim for monetary gains. Although, there is something called “comparative negligence.”

 

Comparative negligence deals with insurance compensations, which could be reduced if you are at fault and were injured. In order to qualify for this type of reparation, your attorney will need to determine how much of the accident was not your fault. This will be the deciding factor in how much your money is reduced. This means that the other party is compensated by that much less for their damages.

 

A skilled attorney, who has dealt with comparative negligence can tell you, based on all the details, if you are eligible for this type of settlement.

Settlement calculators

There are several online settlement calculators that will give you an idea of payment for different types of injuries. These sites will only help you determine if your injury is severe enough to warrant a lawsuit and an approximate amount.

There are many factors in formulating a monetary amount for an injury. The first is what type of injury you have sustained.

Damage to your person could be from:

  •         Car accident
  •         Motorcycle accident
  •         Pedestrian/bicycle accident
  •         Big wheeler truck accident
  •         Animal/pet bites
  •         Medical/dental malpractice
  •         Work-related accident
  •         Consumer product injury
  •         Customer injury at a place of business

Medical expenses

If you were injured, even a small amount, you may be able to recoup your medical expenses. If you seek medical treatment after an accident, then your lawyer will advise you if you can sue for repayment of these expenses.


The main factor in determining if you would be compensated for medical expenses is if you have or don’t have medical insurance. If your medical insurance will pay for your injuries, then you may not be able to sue for repayment. However, the insurance company will most likely sue the insurance company of the person at fault to recoup their loss in payments.

Another consideration to your eligibility for compensation is tied to what happened before, during, and after the accident.

Questions to be asked include:

  •         Was there a police report?
  •         What did you say/what did the other party say?
  •         Who offered help?
  •         Were their photographs taken?
  •         Were there witnesses?
  •         Were there any pre-existing injuries?
  •         Where either party impaired?
  •         Was there negligence?
  •         Was there faulty equipment involved?

And so many other questions. A long list of factors will be talked over with your attorney before proceeding with a suit in a court of law.   

 

Non-Injury Accidents

You may be entitled to sue another party even if there were no injuries. If another party caused damage to your property, such as your car, then you can sue them for the value of your vehicle’s damages. If the accident caused a total loss, then you can demand the current value of the car. Most courts base payment on The Kelley Blue Book listing price for the year, make, and model of vehicle.

Pain and Suffering

If you were injured in an accident, you may be entitled to pain and suffering. This means the court would assign a monetary value on your suffering and pain due to the accident.

Even if you were not injured, you may sue for pain and suffering. This is more of a subjective type of settlement and is harder to prove than physical injuries.

 

Again, a court would take into consideration a long list of factors, including pre-existing conditions such as your previous mental and physical health. Other factors would be your ability to return to your normal daily activities and returning to work and/or school.

Indirect Compensation

Another type of compensation, in which the court would allocate a financial amount, is indirect compensation.

Indirect compensations are benefits that are paid indirectly to an employee as an element of their base pay. These are the benefit you would lose if you were unable to work during the time immediately after an accident, or for a long period of time following an accident.

Some of the indirect compensations include:

  •         Health insurance
  •         Life insurance
  •         Overtime pay
  •         Childcare pay
  •         Vacation pay
  •         Commissions
  •         Retirement fund payments     

Out of pocket compensation

Another type of monetary repayment you may be eligible for being out of pocket expenses. These are the expenses you have to cover with your own money. They may include gas to and from the doctor and other appointments. You may have to pay for insurance records, police records, and/or work-related information.

In some cases, you may be reimbursed for your attorney fees. This may include copies of records, phone calls, and any type of work your attorney needs to do to help you win your case. Again, this would be determined at the discretion of the court. Medical expenses are covered under its own plan.

There are many ways to determine if you will be compensated after an accident. The most reliable way would be to talk with an attorney that specializes in accident law.

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