The document discusses how a Wellington accident lawyer considers collateral source payments and different categories of injuries when determining a personal injury claim amount. It explains that collateral source payments from entities other than the defendant, such as insurance, may reduce the claim amount awarded. It also outlines various categories of "hard injuries" like broken bones, head injuries, wounds, and spinal injuries that would qualify for higher compensation than soft tissue injuries due to longer recovery times and impact. The lawyer's role is to evaluate the injuries and consider these factors and the law to determine a fair claim amount.
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Wellington Accident Lawyer
1. Will Wellington Accident Lawyer Care For The Collateral Source Payments?
There are a few possibilities in personal injury law. Firstly, it is possible to claim
compensation for your injuries and cost of damage caused to property from a defendant
who is found to be negligent. Secondly, you can claim compensation from multiple
defendants involved as well as any business entity, whether private or government. Thirdly,
you can include all your non-economic losses with the economic damages called specials
and increase your claim amount to make it fair and reasonable. Fourthly, it may be so that
the defendant is not adequately covered by insurance to meet up with your demand. The
Wellington Accident Lawyer in such cases has to look for alternative sources.
Collateral Source Payments
When it is found that the resource of the defendant is not sufficient enough to pay the
claims then the Wellington Accident Lawyer especially the jury will use the concept of
collateral source payments. This is the concept when your injury claim amount may be
reduced to the value of any collateral source payment so that you get at least a
considerable portion of your claims. You must know that the law always wants that all get a
fair justice and it will therefore consider the ability of the defendant to make such payment.
However, the law will try to procure as much as possible from the defendant but within the
peripheries of it.
Examples Of Collateral Source Payments
The collateral source payments are those payments that are made by the entities which are
other than the defendant. These are the entities that are used to compensate you with your
claim amount for your injuries to make you into a ‘whole’ person just like you were before
the accident injured you. Ideally, the Wellington Accident Lawyer will look into the most
common and easily accessible sources for collateral payments that are permissible in
personal injury law statues. These sources include workers’ compensation insurance and
benefit including medical insurance payments.
Awareness Of Such Sources
More often than not the jury is not made aware of the existence of such collateral source
payments in almost all personal injury claim cases. In fact, the evidence of any such
collateral source payments isdisallowed by and large. The primary reason and intent of such
suppression of facts is to eliminate the scope of the deliberations of the jury to be
influenced. This is to provide protection to the injured parties as much as possible. The
jurors may very easily reduce or even decline from offering an award to you if they come to
know that you are being compensated already from such collateral source payments.
Judge Makes the Final Decision
It is the judge that makes the final decision whether or not, use the collateral source
payment concept in the end, to reduce the claim amount, depending on the local law and its
permits. The jury as well as your injury attorney is supposed to act,according to the law of
the land and apply it to the realities of your case to reach to a final verdict.
2. Contact a Wellington Accident Attorney If You Are Worried About Cost Of
Treatment
You will have to seek medical attention first after you meet any accident so that if you want
to claim for compensation for your injuries from the defendant then the Wellington Accident
Attorney has proper evidence and tools to move ahead. Now, during such times the cost of
such medical care must be borne by you and you must know that medical treatments are
often very costly. In such a situation if you are already into a financially fragile situation it is
natural that you will worry about such cost of initial medical treatment. Do not worry as the
accident lawyer will guide you through the troubled water with his or her expertise.
Get All Cost Reimbursed
According to personal injury law there are a lot of possibilities to provide you with financial
respite during these difficult times. If you or your Wellington Accident Attorney can prove
that the defendant or the business entity that caused the accident was negligent enough
then you will get all these initial medical costs reimbursed. Not only that, the law also allows
you to add all those future medical expenses that you may have to incur for your complete
recovery from the injury, Mo matter if it takes ten years of physiotherapy and future
surgeries and medical equipment, all will be added with the claim amount.
Receive Future Payments At Present
You may tend to think that you will get the future costs of medical treatment in the future
and will have to continually spend money out of your pocket and thenclaim for
reimbursement. Well, in fact it is just the opposite. You will receive the future medical
expenses right now so that the financial worries regarding finance are eliminated. If you are
thinking that the value of a dollar will not be the same twenty years from now and therefore
you will be at a loss receiving a less amount with respect to the future value of your medical
expenses. Well, the Wellington Accident Attorney will consider this fact and reduce it to
present value, so that you do not lose any money.
Receive As You Want
What is more interesting about personal injury law is that you can receive the entire claim
amount just as the way you want. If you are afraid that you might blow up all the money
received as compensation claims due to your extravagant nature, you can even receive this
claim amount in parts. The Wellington Accident Attorney can make arrangements so that
you receive the entire amount annually or monthly as per your wish. What is more you can
even continue to get it lifelong or even after life in which case your legal heirs will receive
the payment.
Support Your Claim
Just make sure that you have enough evidence to support your claim for such medical
expenses, which by itself is the best proof of your injuries. Ensure proper documentation
and retain bills, reports, letters and documents of your treatment. Therefore, if you are
worried about the medical cost and refrain from taking it, you will be at a loss and it will be
your most serious mistake in your life.
3. Is Apportionment Of Liability An Important Job Of Wellington Personal Injury
Lawyer?
For all personal injury case, proving negligence and appointment of liability is the most
important and significant job of the Wellington Personal Injury Lawyer. The injury lawyer
needs to know the jurisdiction of the state,in which the personal injury claim case is tried
and accordingly, work towards it. Such appointment of liability does not involve only the
defendant, but it can be you as well. That is why every personal injury case is viewed from
all possible and different angles and the perspectives of both the claimant as well as the
defendants. Based on the liability and degree of negligence, your claim amount will be
calculated and awarded.
Award Depends On Liability
The award given by the jury will largely depend on the appointment of liability of your
Wellington Personal Injury Lawyer and it may be reduced, according to your degree of
involvement in the accident. Apart from the defendant and you, the actions of the potential
non-parties are also considered to see how much they are at fault.For example, imagine
that you are found 25% liable for the accident in which you are injured and claimed a
compensation of$100,000. Apart from that the jury is also convinced that a non-party was
also 25% at fault for your injuries. That means that the defendant is only 50% at fault for
the injury causing accident. Your jury award will henceforth be reduced to $50,000 only.
The Law May Vary
However, such an example may not fit for all states as laws may vary according to the
jurisdiction of the state. Usually this is the process that is usually followed in almost all
sates in some form or shape. The Wellington Personal Injury Lawyer must also consider the
number of defendants in a case while appointing liability to the defendant or defendants. If
it is found after investigation that there is more than one defendant then the injury lawyer
will utilize the concept of Joint and Several Liability. In such situations the liability may be
apportioned to each.
Joint and Several Liability Process
In case of a Joint and Several Liability, the total liability is borne by all the parties at fault
for the accident that harmed you. The person having the more percentage apportioned will
pay for the total damages claimed. This is because he is the primary defendant at fault. As
for the part of payment that other defendants should pay it is their matter to decide
whether they will pay it back to the primary defendant but that is a separate issue. You or
your Wellington Personal Injury Lawyer has got nothing to do with it, as long as you get
your full claim amount.
Pure Comparative Negligence
Few states may follow pure comparative negligence rule for settling any personal injury
claim case. If your accident happened within the jurisdiction of such a state, then you may
not be considered eligible to receive any award, if the defendant is found to be liable by less
than 51% for the injuries that you have sustained.
4. Why Wellington Injury Lawyer Judges Different Categories of Hard Injuries?
There are two different types of injuries that you can sustain in an accident and accordingly,
can claim for compensation for the same. One is the soft tissue injuries that will fetch lower
claim amount and the other is the hard injuries that will involve higher amount of
compensation, depending on its severity, impact and of course, its categories. The
Wellington Injury Lawyer will first categorize the hard injuries sustained by you and then go
ahead with the claim evaluation process. The first type of hard injury is when you have
broken bones. If the X-rays show that there is a minor break or even a chip or crack you,
can move the compensation claims ladder.
The Head Injuries
The head injuries sustained is the second category of hard injury. The Wellington Injury
Lawyer will consider the effect that such head injuries, will have in your life. Such injuries
usually does not show its effect right at the instant, but will surely have a long lasting
effect. Therefore, it fetch higher claim amount. Even the insurance adjusters know the fact
that effect of head injuries can last for a long time and that the symptoms of it can even
recur after the time, when you think that you have recovered completely. Head injuries
therefore not only increase the worth of your case but also expedite the negotiation
processto settle it before bigger bills are incurred.
Separations And Dislocations
There may be separations, dislocations, and cartilage or ligament tears as well due to an
accident. These form the third category of hard injuries and in fact, any other injury other
than a strain, sprainor bruise termed by the doctor will fall in this category. You will be
given a higher multiplier of the damages formula for greater pain and slow and delicate
recovery. The Wellington Injury Attorney will not consider whether or not such injury is
actually more painful or serious than a sprain. It is the same process followed for torn
ligament or cartilage, even if the treatment and healing time is exactly the same as a
sprain.
If There Are Any Wounds
Often accidents leads to wounds and this is another category that the Wellington Injury
Attorney will consider. These wounds are having polar difference in characteristics and pain
from the cuts and bruises. These wounds are actually injuries that involve any tear or
serious cuts that lead to a gash that require serious treatments. These injuries take a longer
time to heal and may be stitches will be required at time to close the wound. All these
attributes of wound will result in a higher claim amount.
Spinal Disk Injury
Any injury to your spinal cord or any displacement of vertebrae can affect your movement
and is extremely painful. More compensation will be awarded to you for such injuries as
well. Such injuries include neck or back injuries, dislocation of lumbar or lumbosacral,
thoracic or cervical vertebrae. All these injuries will fetch you higher claim amount
irrespective of the amount of treatment you received.