Calculating Compensations: the Sufferings of Your Family
Calculating Compensations: the Sufferings of Your Family(10)
Updated on Thursday 23rd November 2017
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The case value of a personal injury accident is calculated according to a few elements. Issues like how the accident occurred, the type of injuries and the expenses for medical care are taken into consideration but the lives of the victims and their families are impacted to a much higher degree.
The pain and suffering settlement can contain compensations for the pain and suffering of your family. These types of settlement are usually more difficult to negotiate and to prove because of the subjective nature of the damages which are emotional. If you intend to claim compensation for pain and suffering brought upon you and/or your closest family members you can request legal aid from one of the Los Angeles personal injury attorneys.
Claim for loss of consortium
Loss of consortium is a claim that can be made by the spouse of a close family member when an individual was injured or killed in an accident. It is a claim that, in theory, can be made by the spouse of any plaintiff; nevertheless, it is often overlooked in most cases. A mandatory condition for this claim to be a valid one is that there is a lawful marriage between the injured individual and the plaintiff (when the claim is made directly by the spouse and not by a child or other family member). This type of compensation relies on the element of negligence: the injury or death of the family member must have occurred as a result of negligent, intentional or wrongful acts.
The loss will be compensated with a certain amount that is calculated according to issues like mental anguish, shock, loss of companionship and emotional distress. The amount of money will not be able to compensate for the losses the same way it would for general damages but the victim is entitled to claim this nevertheless.
You can make sure that you receive the largest amount of compensation possible for your pain and suffering by proving in the best possible way the manner in which the accident made you suffer. Before and after testimonies can be useful in this case. Other members of your family can testify on how they see the accident affected and changed you. However, these testimonies tend to be attacked by the defense as being biased – you can prepare this statement together with a personal injury lawyer and ask persons who have no personal gain in your litigation to make a statement in your case.
The total settlement amount is calculated according to the monetary damages, like medical bills and loss of income but also according to these non-economic losses. One of our Los Angeles personal injury lawyers can help you determine a settlement amount that is suitable for you before claiming the damages.
We invite you to watch this short video on how to claim compensation for the suffering of your family:
Wrongful death cases
Losing someone we love in an accident can never be fully compensated for. However, the loss of consortium claim can also be used in this situation. Together with your lawyer, you will be able to prove during the negotiations that thedefendant’snegligent acts which cost your loved one his life directly impacted your quality of life and your ability to continue living as you used to.
These types of compensations may be limited according to the particularities of the wrongful case if the plaintiff was also to blame for the accident and certain limitations in the insurance policy. A key element in claiming compensations as a spouse is for the marriage to be functional at the time of the claim.
Claiming compensations for emotional losses are often more difficult and you can benefit from using the services and experience of a personal injury lawyer. Quality legal representation is important in these types of cases. We can help analyze your case and provide you with an initial review and personalized counseling. Our team will not ask for services payments until you have obtained the settlement for pain and suffering you are entitled to obtain.