Accident Settlements: Understanding What Should be Covered
When it comes to accident settlements, many people are unaware of what exactly should be covered. It’s crucial to understand that the purpose of a personal injury settlement is not to arbitrarily assign a number to the victim. Rather, the goal is to restore the individual to the position they would have been in if the accident had never occurred, as mandated by the law.
In order to achieve this, all losses incurred as a result of the accident must be taken into account. These losses are known as special damages, which are tangible financial losses that can be substantiated with documentation such as receipts, pay stubs, invoices, and medical records. Severe injuries can lead to higher settlements due to the significant impact on income, medical expenses, and daily life.
When building a case, every single loss must be considered. Here is a comprehensive list of losses that should be included in a personal injury settlement:
Loss of Earnings
If the injuries sustained in the accident resulted in time off work, the individual is entitled to claim for loss of earnings. Proof of this loss can be demonstrated through wage slips before and after the accident, along with a statement from the employer confirming the absence was due to the injury. For self-employed individuals, providing tax returns and financial records for the period of incapacity is necessary to determine the lost income.
In cases where the injury prevents a return to work or early retirement is necessary, future loss of earnings should also be factored into the settlement. Additionally, any interruption in pension contributions should be accounted for to assess the impact on future retirement income.
Medical Treatment
Injuries often entail medical expenses, especially if private healthcare services are sought. Costs for treatments like physiotherapy, counseling, and chiropractic care can be included in the claim if deemed necessary and reasonable by a medical professional. Invoices, receipts, and statements from healthcare providers are essential evidence to support these expenses.
Care and Assistance
If the injury renders the individual unable to perform daily tasks independently, the cost of care and assistance provided by friends, family members, or professional caregivers can be claimed. Medical records indicating the need for assistance and receipts for any paid services should be presented as evidence.
Special Equipment and Mobility Aids
Specialized equipment such as wheelchairs, braces, or adapted furniture required for recovery or daily living post-injury can be included in the settlement if recommended by a medical expert.
Damaged Items or Clothing
Any personal belongings or clothing damaged in the accident can be claimed for repair or replacement. Documentation such as photos, original purchase receipts, or estimates for replacement costs should be provided as proof.
Vehicle Repairs or Replacement Costs
In the case of a car accident, expenses incurred for repairing or replacing a damaged vehicle, including any excess fees not covered by insurance, can be included in the settlement.
Missed Trips or Holidays
If a planned trip or holiday had to be canceled due to the injuries sustained, the individual may be able to claim back the full cost or any associated losses such as deposits or cancellation fees.
By considering and including all these losses in a personal injury settlement, individuals can ensure that they are adequately compensated for the full extent of their financial hardships resulting from the accident.