Reviewed By: Pramod Kerkar, MD, FFARCSI

Any accident or incident that causes physical and emotional pain and suffering is bad. There is nothing that can compensate for the amount of losses and damages that the victim has suffered or has undergone. However, claiming for financial compensation for permanent injuries from the insurance company of the at-fault party may provide some sort of financial support to the plaintiff as well as his/her family, securing the future to some extent.

The amount of this compensation for permanent injuries depends on a number of factors such as –

  • The extent of damages
  • The amount of pain and suffering, both physical and emotional
  • How long the person has been suffering from the pain and injury caused by the accident
  • The future prospects of recovery
  • The amount of financial losses caused to the plaintiff and his/her family, based on financial dependency of the family
  • Emotional distress and derangement from the partner and the rest of the family
  • Inability to get back to normal life
  • Changes in life, standard of living and lifestyle.
  • From these factors, it can well be said that the more severe is the pain and suffering, the higher will be the compensation amount.

How Compensation Increases with Permanent Injuries?

How Compensation Increases with Permanent Injuries?

The process of claiming compensation for permanent injuries is an elaborate one. It is very important that the plaintiff follows the steps carefully, so that the maximum amount of compensation can be claimed. The mistake that most of the victim parties make is to visit the insurance company of the at-fault party, without any legal preparation and support. This worsens their chances of acquiring maximum amount of compensation, as the insurance companies use even the most innocent statements against the plaintiff party.

In case of permanent injuries, the insurance companies are liable to compensate for the losses, damages, physical and emotional traumas. For that matter, proving the difficulty is a must. The compensation should be determined based on a number of factors and it is depending on these factors that the compensation amount increases.

The factors are listed below:

Length of your Recovery Determines the Increase in your Compensation Amount:

This is a very important point that covers quite a number of factors such as the extent of the injury, the time that it will take to treat the injury and the recovery period. It is quite obvious that the more severe injuries will cause more pain and suffering and it will take longer to treat the injury. Even the length of recovery would be prolonged. Hence, the compensation would be increased.

Irreversible Injuries as a Factor which Increases Compensation Amount:

However, in case of permanent injury that is irreversible, the compensation would be maximum. This should be supported by the medical practitioners that the condition is irreversible and the damages are permanent. It can be permanent physical damage or mental damage. Certainly, its impact on the person, his/her relationships with the other family members and the emotional loss and trauma that he/she will go through, need to be presented to the jury during the lawsuit and trial.

Medical Documentation to Help Increase the Compensation:

This is a very important factor in increasing the compensation amount. The jury as well as the insurance companies are well aware of the situation and process. The insurance companies always try to reduce the compensation amount. However, providing medical documents supporting the condition will help the plaintiff prove that the condition is permanent and irreversible.

Medicine Details Help in Increasing Compensation Amount:

It is equally important to provide the documents for the medicines that have been prescribed for you. Specifying the type of medicine or the problem that the medicine is being taken to cater to would help in proving the extent of pain and suffering. If the medicine is for swelling, pain relieving and inflammation or severe headaches, it will help in detailing how much pain and suffering you are going through. If you have been taking them for long or have been prescribed to take for a prolonged period in the future, it will help you in increasing the compensation amount.

Radical Change in Life and Disturbances Faced Should be Included in Compensation Amount:

  • If the accident or incident has caused you any of the following, it will help you increase your compensation.
  • A visible scar that is a cause of embarrassment
  • Discontinuity in academic session
  • Limited mobility, such as having to take support of wheelchair or other such tools for moving around. This might also make taking care of the kids or children in the house difficult.
  • Missing family vacation or an important event or function in the family.

If any of these things have happened to you, there is a chance that you will be able to maximize your compensation on the ground that your injury or pain and suffering are permanent. Certainly, proving them before the court is a must. Often, testimonies from the family and friends matter a lot. It has a direct emotional impact on the court.

Also Read:

Pramod Kerkar

Written, Edited or Reviewed By:

, MD,FFARCSI

Pain Assist Inc.

Last Modified On: June 7, 2018

This article does not provide medical advice. See disclaimer

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