How do I prove a claim?

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asked Oct 30, 2022 in Law/Ethics by Siierrarose (980 points)
How do I prove a claim?

1 Answer

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answered Dec 27, 2022 by Lizapiza (7,990 points)
To prove a claim you'll need reports from experts proving the future lost wage claims and your future medical claims.

You'll also need pay stubs, and tax returns to prove lost wages, medical records, incident reports, work injury reports, police reports and witness statements.

Lawyers take so long to settle or win a case because of the paperwork involved and because of legal and factual problems and because your case may involve a lot of damages or compensation.

Or because you have not reached the maximum medical improvement from your injuries.

Lawyers also drag out cases because their goal is to drag the case on and pay out as little as possible.

This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

After winning a settlement it takes around 2 weeks to 4 weeks to get paid once you win the settlement.

Some people get their settlement in one lump sum or get the settlement paid to them in monthly payments.

A personal injury claim can take as little as a few months to as long as a few years to settle depending on the case.

Some personal injury claims are easy to settle and win in court while some other personal injury claims and lawsuits are not as easy to prove or win and needs more time and work to win the personal injury lawsuit.

If you go to court for personal injury then you should always hire a personal injury lawyer to help you win your case.

The personal injury lawyer can help you with the needed paperwork and documents and help you win in court.

After winning the personal injury lawsuit and judgement it can take around a few weeks to start seeing your personal injury settlement money.

Sometimes, a client's financial situation also dictates how long a personal injury case takes.

The reasons a personal injury or other lawsuit case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems.

Your case involves a lot of damages and substantial compensation.

You have not reached maximum medical improvement from your injuries.

The formula for personal injury settlements goes like this: Damages = Economic damages x 1.5 (based on the injury severity) + lost income.

For instance, assuming you fractured an arm in a motor collision and the medical expenses sum up to $10,000.

Let's also assume that the injury made you miss 2 months of work which would have paid you $20,000.

It is necessary to diligently collect evidence proving the negligence of the person you make a claim against.

You must also collect proof of your injuries.

It can take months to get a hold of evidence like police reports, medical reports and CCTV footage.

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

After your attorney clears all your liens, legal fees, and applicable case costs, the firm will write you a check for the remaining amount of your settlement.

Your attorney will send you the check and forward it to the address he or she has on file for you.

Insurance adjusters use the number of medical bills and loss of earnings as a benchmark to make an offer for pain and suffering damages.

They usually offer ½ to 1 times your economic damages (medical bills and loss of income) to compensate for your pain and suffering.

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