While physical injuries are easier to prove, emotional injuries are more difficult to establish. It is important to act promptly after an accident to maximize compensation. Listed below are some personal injury facts. Personal injury claims are primarily based on negligence. However, insurance companies often offer low settlement offers that aren’t worth pursuing. You should contact an attorney to discuss your case and determine if the settlement offer is fair. Then, take appropriate steps to protect yourself from unfair settlement offers, like hiring McWhirter, Bellinger & Associates, P.A.
Damages for emotional injuries are more difficult to prove than physical injuries
Whether you are able to recover damages for emotional injury depends on the severity of the situation. A jury will award higher damages for emotional injuries if you suffered long-term injuries or catastrophic accidents. Moreover, if you are emotionally distressed, you will be more likely to claim damages from a negligent party. Emotional injuries are difficult to prove because the symptoms and the duration of distress are not immediately observable.
Although emotional injury claims are not as straightforward to win as physical injury cases, they can still qualify for compensation. The burden of proof for these cases is much higher than that for physical injuries. The plaintiff has to produce evidence that he or she suffered a great deal of emotional distress because of the wrongful act. The evidence may include medical records indicating mental health treatment and counseling, as well as psychiatric medication prescriptions. Furthermore, Massachusetts is more liberal when it comes to qualifying symptoms.
Negligence is the most common basis for personal injury claims
There are several reasons that people bring personal injury claims. These injuries affect not only the physical body, but also the mental health and reputation of the victim. While these types of injuries are similar to those that affect property rights, they are based on different legal theories. For example, negligence is the most common basis for a personal injury lawsuit, because it stems from a person’s failure to act with reasonable care.
A negligence claim focuses on the fact that the defendant was negligent when causing the injury. This can be anything from a driver texting while driving to a property manager failing to clean up a spill immediately. Negligence is the most common basis for a personal injury claim, but there are other grounds as well. To pursue a personal injury claim, you must show that the defendant was at fault for the injuries you sustained. This is usually done through a “but for” test.
Insurance company settlement offers are not always fair
The first offer from an insurance company after an accident may be confusing and less than you’d hoped. After all, you have bills to pay and may need the money now. But accepting a lowball settlement offer can have consequences – you could lose your right to full compensation if you decide to contest the offer. Instead, keep reading for some tips on fighting the insurance company settlement. There are a few common mistakes that accident victims should avoid when accepting an offer from an insurance company.
In many cases, insurance companies try to force personal injury victims to accept an offer that’s too low. They try to convince them that they don’t deserve the money. However, insurance companies are supposed to act in good faith and explain why a low settlement offer is not acceptable. Some companies also try to get victims to accept their offer quickly because they feel they have “no time” to consult with an attorney.
Timely action is essential to maximize compensation
If you have been injured as a result of another person’s negligence, you may be entitled to compensation for your time off work. In addition, you may be able to seek lost wages for future work. The calculation for future lost wages includes lost wages for time that you will be unable to work in the same position or career. If you cannot work, retraining and education will be factored into the calculation.