Monday, October 31, 2011

Accident Claims : Compensation Rate Factors

By Mark Walters


Of course, you are not looking to become involved in an accident and risk injury to yourself or someone else. Unfortunately, accidents are a fact of life, and many individuals must deal with the aftermath, whether hurt on the job, in an automobile, or in some other manner. If you are unlucky enough to have been involved in a mishap, then you might be eligible for some sort of compensation, and there are certain factors affecting how much you get paid when making an accident claim.

The overriding factor that will determine whether or not you receive compensation at all is who is responsible for the accident. If you are found to be negligent in the accident and were the cause, then you will not receive compensation. In fact, you may wish to put that vacation you were saving for on hold because you may end up footing the bill in this case. If you are not the party at fault, however, and are hurt by employer negligence or if the other motorist is cited in a car accident, then you will probably receive some payment in return for your suffering.

One of these factors is the amount of pain and suffering you are deemed to experience in the judgment of the jury. They will decide how adversely your life has been affected and how much it is likely to be affected in the future. Another factor at play here, however, is if the injury is found to be pre-existing. If so, then compensation will not be granted for that particular injury.

The amount you earn at your job will also play into how much compensation you receive. If the accident causes you to miss work time, then lost wages may be awarded depending on the amount of time you are off the job. You may even receive compensation for lost wages if you are unemployed and can prove that you would have been able to procure a job and earn a certain amount of wages during the time you were injured and unable to locate employment.

The amount of compensation you receive when filing an accident claim is not set in stone. The negligent party must first be determined and how much your life has been affected by the accident. Depending on the significance of your injuries and how much money you have been denied from missed work, the level of compensation will stem from these factors and other variable circumstances. Most often, the case will be heard in a court of law and the decision will be made by a judge and jury.




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