Bodily injury is harm inflicted on a person: violation of his physical and psychological integrity, violation of his extra-patrimonial rights (loss of a loved one, inability to engage in any activity or sport and so on), violation of his property rights (expenses related to the accident and recovery of health, loss of income and so on). The victim is entitled to compensation for all of these losses.
Compensation for all damages
A traffic accident, a car accident, a motorcycle accident, a scooter accident, a bicycle accident, an accident at work or on the way to work, a health accident (in-hospital infection, medical liability, iatrogenic illness and so on), an accident in life, recreation or sport, an attack or an act of terrorism require compensation of all damages. In order to be recognised by the court, the victim must necessarily prove a direct link (causal connection) between his injuries and the accident or assault (fact generator). A Hudson county criminal lawyer can help with this. This way, the injury will be rrecognisedas “damages” and may be recoverable as personal injury compensation.
Ways to get compensation
Suppose the injury was caused by a criminal offence (felony, misdemeanour, the victim can obtain compensation in criminal court by filing a civil action through their attorney. If there is no established offense or if they are not prosecuted in the criminal justice system, the victim can seek compensation from the civil justice system. A victim of bodily injury must be compensated for all the consequences of his or her injuries. This compensation comes after “consolidation”, that is, when the victim is stabilised, and the effects are final. All physical and psychological consequences of the accident are also taken into account in compensating the victim: all present and future consequences of injuries on an economic, family, and professional level.
In case of the victim’s death or very significant disability, the effects on the lives of his or her loved ones are also subject to compensation. Bodily injury is the subject of an expert report that describes, qualifies, and quantifies all consequences. Based on the expert report, the victim’s attorney draws up a list of items of damages and seeks amounts to allow for their compensation. There are many players involved in this bodily injury reimbursement procedure: the medical examiner, third-party payers, insurers, mutual funds, the state, and so on.
The medical examination
The medical examination to which the victim will be subjected is a very important step in damage assessment and compensation. This examination will enumerate, quantify, and qualify all of the final effects that will translate into harm. The examination will also discuss the victim’s future living conditions. That is why it is important that the victim be thoroughly prepared for the examination and that she be assisted during the process.
How is a medical evaluation conducted
The medical examination takes place as a kind of trial, where the victim’s demand for redress collides with the reluctance of his opponents to accept it. For the victim and his loved ones, this is a delicate and complicated moment that can sometimes be just as hard to live with, especially in the face of insurance companies seeking to minimise damages. That is why it will be of utmost interest to the victim to surround himself with a personal injury attorney and a medical consultant experienced in assessing damages.