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Understanding Compensation Calculation in Personal Injury Cases
Understanding Compensation Calculation in Personal Injury Cases
Sustaining a personal injury can be a stressful time for anyone, particularly when it leads to financial loss. Between medical bills and time off work, the cost of getting injured can quickly add up. Fortunately, in many cases, personal injury victims have a legal right to compensation. In Rhode Island, compensation is calculated based on a variety of factors, which we’ll explore in this blog post. If you’re a resident of Rhode Island and have suffered a personal injury, read on to better understand the compensation calculation process.
The amount of compensation awarded in a personal injury case heavily depends on the severity of the injury. When determining compensation, courts will consider the extent of medical expenses, any lost wages or income, and pain and suffering endured by the victim. Additionally, if the injury had punitive or lasting effects on the victim's health or caused long-term damage, this will also be reflected in the compensation.
Another factor considered is the liability of each party involved in causing the injury. For example, if the victim was partially at fault for the accident, the compensation may be reduced to reflect this. If the victim was entirely blameless, the majority of the compensation could come from the responsible party. Rhode Island state law follows the practice of comparative negligence, which means that a victim can recover damages even if they are partly at fault, but it will be reduced proportionally to their level of negligence.
It’s worth noting that not all personal injury cases go to court. Victims may decide to settle with the insurance company of the accused party if both parties agree to it. In such cases, compensation may be calculated based on estimates of the expenses and losses incurred by the victim. While this can be an attractive option for some, it’s important to consult with an attorney to ensure that the victim is being adequately compensated.
In Rhode Island, the party responsible for the personal injury is usually responsible for paying compensation. However, if the accused person does not have insurance or the means to pay compensation, the victim may need to consider other options. It may be necessary to obtain a settlement from the insurance company of the victim or file a claim from the government's Crime Victim Compensation fund.
Personal injuries can be a challenging and confusing time for anyone involved. Knowing how compensation is calculated and who is responsible for paying it helps to identify a path forward. At Tomassi Law, LLC, we offer legal assistance for Rhode Island residents who have suffered personal injuries. Contact us today to see how we can assist you in calculating the compensation that you are entitled to receive. Remember that you have rights as a victim, and we can help you fight for them!
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.