Serious Injury Lawyer Medford, OR
Prior to contacting a Medford, OR serious injury lawyer about filing a claim, many victims do not realize the extent of their damages that may be eligible for compensation. This is unfortunate because the liable insurance company will not volunteer to pay them what might be an additional thousands of dollars. In some cases, victims could lose out on hundreds of thousands of dollars if their injury is particularly significant. Our serious injury lawyer in Medford, OR from Andersen Morse & Linthorst works hard to right this wrong by protecting the rights of victims and securing the maximum possible amount of compensation on their behalf. In this way, the injured individual can avoid being victimized twice. Call us today and schedule a no-cost consultation with our serious injury lawyer Medford, Oregon has to offer to learn if we may be able to help you as well. In the interim, what follows are some suggestions about how to make the most of your serious injury claim.
Include All Applicable Damages in Your Claim
This can be the most difficult aspect of an injury claim for someone who is not a serious injury lawyer. Not only can it be challenging to identify compensable damages, it can be difficult to assess a fair value. This again underscores the value of hiring a Medford, Oregon serious injury lawyer. For instance, did you know that there are several categories for damages? As an example:
- Compensable Damages. These include costs associated with your injury such as medical care, medical or health care devices (including crutches, wheelchair rental, etc.), the income you lose while unable to work, post-traumatic stress disorder related to the accident, pain and suffering, and much more. Our Medford, OR serious injury lawyer will work with you to determine which damages are compensable. Any damages that are eligible (even those you did not realize would qualify) will be included and accurately assessed in terms of dollar value. If your injury has left you permanently disabled, you may qualify for compensation in lieu of a lifetime of wages you can no longer earn.
- Punitive Damages. These are considered when the liable party acted particularly egregiously. For example, if you were the victim of a road rage incident in which the other driver threatened to harm you and carried out that promise. Punitive damages are not usually awarded to a victim, but in some cases when a claim is elevated to a lawsuit, the judge or jury may opt to punish the guilty party by forcing them to pay the victim an additional amount of money to compensate for their abhorrent behavior. At the onset of your claim, your serious injury lawyer can inform you if your case is eligible to seek this type of damage recovery.
Resist the Urge of Discussing Your Claim on Social Media
Increasingly, many people record their every action on social media. Whether it’s what they’re eating for dinner, complaining about someone else’s behavior, or showing their battle scars, many people rush to their social media profiles to speak about these things and often include photos for illustration. Sustaining a significant injury will tempt most such people into rushing to their cell phone or keyboard to tell the world what happened. But this single act could cost them their settlement. How? No matter how secure or private you think your post is, it simply isn’t. As an example, the liable insurance company’s lawyers can legally get access to your social media posts during the discovery process should your claim elevate to a lawsuit. They can then misconstrue your words and images to show the jury that you were not hurt as seriously as you claim and/or that their client was not responsible for harming you. As your serious injury lawyer may tell you when taking your case, stay off social media altogether until after you claim is settled.
Making a Case for Serious Injury Damages
If you have suffered a serious injury due to someone else’s actions, you may feel like you will never recover. Not only are you hurt and distressed, but you are unable to work and the bills are piling up. You have a counter full of medical bills and know that more are on the way. How will you ever get out from under this mess?
Getting out of the mess created when you get hurt may come down to filing a lawsuit against the person whose actions caused the trauma. Making a case for a serious injury claim is all about proving negligence and asking the court to award you a financial award for your damages. Your serious injury lawyer in Medford, OR will help you with this.
Prove the Defendant Caused the Accident
First, you need to be able to prove that the person you’ve named as the defendant caused the accident. How do you accomplish this? There are four primary factors the court looks at to determine if a person is negligent in causing you pain:
- Duty to Perform – Was there a reasonable expectation that the defendant knew the law?
- Breach of Duty – Did the defendant break a law?
- Causation – Did the defendant’s actions directly result in the accident?
- Damages – Did the accident cause the plaintiff to suffer a financial loss such as medical bills or lost wages?
If you can prove the defendant is at fault, then you’re on your way to making your case for damages.
Assess Your Damages
As noted above, the legal definition of damages may differ from what you think. There are three major categories of damages in court:
Compensatory damages are things like your medical bills, lost wages, and lost future earnings – anything that can be added up. These are quantifiable and tangible items that you can prove.
General damages are things that don’t fall into the compensatory category. These types of damages usually involve things like mental anguish and pain – things that are intangible. Being able to prove these in court is difficult, but not impossible. If your injuries justify your claims of suffering, you may get general damages.
Punitive damages are a financial award measured on the totality of the case. A court will pass down an award for punitive damages to punish the defendant if the negligence is high enough to warrant a stiffer fine.
You should not worry about whether or not you have a case alone. Contact a reputable serious injury attorney in your area and schedule a consultation. For more information about how our serious injury lawyer in Medford, OR from Andersen Morse & Linthorst can help you receive compensation, contact us today for a free consultation.