Personal injuries can leave you debilitated, particularly when they are permanent. These injuries often have serious consequences for the victim, such as chronic physical pain, financial hardships, and mental anguish. Trying to deal with all of these can be stressful, frustrating, and overwhelming, especially if the accident that caused them could have been avoided. Fortunately, our legal system offers personal injury victims a means to financial recovery for medical expenses.
The Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp know that the legal process can be scary and confusing. Our attorneys can assist you through each phase of the personal injury process and help you obtain the maximum amount of compensation for your situation. Take advantage of our free consultations by giving us a call right away.
What is a Personal Injury Case?
A personal injury case is initiated when a person endures injuries, pain, and suffering due to negligence or wrongdoing committed by a second party. Personal injury cases cover a wide array of accidents, such as motor vehicle accidents, premises liability, product liability, medical malpractice, railroad injuries, bicycle accidents, and maritime and admiralty accidents. When a person decides to pursue a personal injury claim, their goal is to be fully compensated for the medical bills and other damages they have incurred due to their injuries.
Proving Damages and Liability
In order to recover your medical costs, you have to prove liability for your damages. This is done by showing that the defendant violated the duty of care they owed you and that their negligence was the immediate cause of your injuries. Likewise, gathering and delivering strong proof of the medical care and treatments you have received and will require in the future as well as their associated costs is also imperative. Providing your medical bills, medical records, and any notes from your healthcare provider can also strengthen your claim, corroborating the scope and necessity of these expenses.
Medical Expenses and Compensatory Damages
Compensatory damages are a form of damages that are awarded to personal injury victims. They are meant to act as compensation for their damages. Their purpose is to make the victim whole. In other words, to return them to the state they were in before the accident took place. Medical expenses are a major element in compensatory damages. They can include ambulance rides, emergency room fees, hospitalization, prescription medications, surgeries, rehabilitation, physical therapy, and the costs of any future medical treatments.
Calculating Your Medical Costs
Correctly calculating your medical costs is important to ensure an equitable judgment or settlement. This will involve evaluating past hospital bills, conferring with healthcare providers to gauge any future medical expenses, and taking into account any long-term or permanent impacts that the victim’s injuries might have on their health, well-being, and quality of life. A skilled personal injury lawyer can help you correctly value your medical expenses and maximize your financial compensation.
Settlement Negotiations With the Insurance Company
For most personal injury claims, the defendant’s insurance provider is liable for covering the victim’s medical expenses. Sadly, insurance carriers are driven by profit and commonly employ underhanded tactics in order to decrease payouts as much as possible. This can include undervaluing or denying claims, trying to shift blame onto the victim, and unnecessarily prolonging the claims process. Working with an experienced personal injury attorney can redress the balance because they will know the exact strategies used by insurance carriers and how to negotiate you a full and fair settlement offer.
Going to Court
If the other side refuses to negotiate a fair offer and a settlement cannot be reached, the case will then go to court. A jury or judge will determine compensation for medical costs based on the evidence that is presented. During this phase, it is extremely important to have a qualified and experienced personal injury lawyer on your side; one who can present the strongest case possible, and get you the compensation you deserve.
Talk to a Virginia Personal Injury Attorney
If you incurred medical expenses due to a Virginia personal injury accident, call the Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp. We offer a free consultation to all prospective clients. If you would like to meet with one of the renowned members of our legal team about your options for seeking financial compensation, call (833) 997-1774 today.