Most people simply want fair compensation for their injuries from an auto accident. They are not trying to get rich or get something for nothing. However, what is “fair compensation?” There is no exact formula for determining the amount of compensation you recover. A variety of factors are considered, whether by your lawyer, the Defendant and insurance companies in negotiations or by a jury in court, in determining fair and just compensation. These factors include severity of the accident, severity of injuries, impact of the injuries on the victim’s employment and day-to-day life, and extent of medical care, just to name a few. Aggravating factors such as drunk driving can both hasten settlement and affect the settlement amount. Fair compensation certainly includes more than just reimbursement for your medical expenses. A personal injury victim may recover compensation for— Medical expenses already incurred, Medical expenses to be incurred in the future, Lost wages,Loss of earning capacity, Physical pain, Mental or emotional suffering, Physical impairment, Property damage, and Other losses. In some cases, the injured person’s family members may be entitled to compensation, depending on the severity of the injuries and their dependence on the injured person. You are entitled to compensation for medical expenses even if those expenses already have been paid by a health insurance plan. The same is true for lost wages, regardless of whether you take sick days or receive worker’s compensation benefits. This, however, is not a windfall or double recovery. First, under a principle known as “subrogation” your health insurance plan (based on the plan documents) and your company’s workers’ compensation carrier may be entitled to reimbursement from your recovery for what they pay out. Therefore, in order to be adequately compensated you need maximum recovery from insurance in the event your health insurer or workers’ comp carrier makes a subrogation claim against your recovery. Second, if the Defendant’s insurance company reduces your injury compensation simply because you have paid for health insurance, or paid extra auto insurance premiums for “PIP” coverage (see below), or have accumulated sick days or paid vacation, the adverse insurer is taking unfair advantage of the fact that you are a responsible person and diligent worker. If you use up your sick days because of injuries from the auto accident, those days will not be available for other types of health problems. If you sacrifice to obtain extra insurance, the at-fault driver’s insurer should not get the advantage of your sacrifice.
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