Many people do not understand exactly what an accident settlement should cover. And that’s important because the goal of a personal injury settlement doesn’t just throw a random number of you.
The whole point is to put you back in the position you would have been in if the accident never happened. That’s what the law says.
And to do it right, you need to include all your losses. Not just the damage itself, but every way the damage has messed up with your life and your wallet.
These losses are called special damage. These are actual, specific financial losses, things you can prove with receipts, paychecks, invoices and doctor notes. Serious injuries can lead to settlements It is much higher, simply because the impact on your income, your medical bills and your daily life is so much greater.
And when you build your case, every one of these losses means.
Here is a wide range of such losses to be included in your PI settlement:
Loss of earnings
If your injuries forced you to take off from work, this is a loss you have the right to demand. But to claim it, you need to show evidence. If you are employed, it means that you get your pay off before the accident and after, plus a letter from your boss confirming that you were gone because of your injury.
If you are self -employed, it’s a little more work. You need tax returns and financial items for at least three years before the accident and for the time you couldn’t work. This is how they find out what you should have done.
And if your injury is serious enough that you cannot return to work or you have to retire earlier than planned, the loss can extend into the future. It is called future loss of earnings, and you can claim that too. If your injury is permanent, the calculation may go all the way to retirement age.
There is also pension loss to think about. If you or your employer stopped paying into your pension while you were out of work, it will hurt your future income when you retire. So it should also be included.
Medical treatment
Damage often means medical bills. And in many cases, especially if you go private, they are not cheap. Physiotherapy, counseling and chiropractic care costs an arm and a leg. If a medical expert agrees that the treatment was necessary and reasonable, the costs can be included in your requirement.
You must show invoices or receipts. If you have not started treatment yet but your doctor has recommended it, you can use an offer or an estimate. And if a private health insurance company covered your treatment, they might want to get that money back and it can be added to your claim.
Care and help
If your injury meant you couldn’t take care of yourself as before, you might not be able to cook, clean, bathe or even dress you up, then someone had to help you. Maybe a friend or family member entered. Or maybe you had to hire a professional caregiver.
You can require for both types of help, both paid and unpaid. But again you need proof. It may be medical items that show that you needed care, plus receipts if you paid someone. If it was a friend or relative that helped you, they can write a statement about what they did and how much time they spent to help you.
Special equipment and mobility aids
Things like wheelchairs, hiking sticks, harnessesOr specially custom furniture are the important tools you need for improvement or just live your life again after a serious injury. As long as a medical expert says the equipment is reasonable and necessary, it can be included in your requirement.
Damaged items or clothes
If your clothes were destroyed or if your phone or bike was crushed, it is another financial loss. You may require the cost of repair or replacement. But again you need proof. Take pictures and if you have the original purchase receipt or a replacement estimate, it helps a lot.
Just know that if something was already quite old when it was damaged, they might be a little too wear.
Vehicle repairs or replacement costs
If it was a car accident your vehicle was likely to be damaged. Usually this is something your car insurance lever, but there is often an excess fee, ie. the part you have to pay out of your pocket. It is a cost you can also include in your claim.
So if you had to pay something to repair or replace your vehicle, tell your lawyer.
Unanswered trips or holidays
If you had a holiday or travel Scheduled that you had to cancel because of your injuries, you may be able to claim it back. If you did not receive a refund, you may require the full cost. If you received a partial refund but lost a deposit or have to pay a cancellation fee, this loss can also be included.