Car Accident Arm Injury Settlements It’s a frustrating feeling: struggling to use your arm for everyday tasks that were once routine. Sadly, that’s the reality for many auto accident injury victims. If you’re reading this page, chances are, you can relate.
But that’s not the only burden you face. There are medical bills that pile up and financial difficulties that ensue because of missed time from work. The good news is, auto accident claims are designed to help you get back on your feet financially. If you’re wondering what your case is worth, here’s what you should know:
Hundreds of traffic accidents occur every day due to inadequacies in driver training, defects caused by roads, and non-compliance with traffic rules, and material and moral injuries caused by these accidents increase day by day. Traffic accidents can often result in organ or limb injuries or losses, and in some cases may result in death. Lawsuits for compensation of material and moral damages resulting from traffic accidents constitute one of the most common legal problems in our country. In this case, the indemnity of the injured person or the heirs in the event of his death arises from the obligation to open a lawsuit for compensation in order to compensate for the damage. In this article, I will refer to the financial and moral compensation case arising from traffic accidents.
Who can sue for pecuniary and non-pecuniary damages: There is a dual distinction in this respect. If the survivor of a traffic accident is alive, the debts may personally bring material and non-pecuniary damages in accordance with Articles 41, 45 and 47 of the Law. If the victim has passed away, his / her relatives, mother, father, children, spouse, siblings, fiancées, persons under care and support have the right to sue for damages.
In the event of a traffic accident, the material and non-pecuniary damages lawsuit are filed against: The driver of the vehicle, the owner of the vehicle, the owner of the vehicle and the insurance company may be sued for pecuniary and non-pecuniary damages.
What is the time to file a lawsuit in traffic accidents: The time period stipulated in the law to file a lawsuit for compensation of material and moral damages caused by traffic accidents is 2 years from the date the victim has learned the damage and perpetrator. This period is stipulated as 2 years in Article 72 of the Turkish Code of Obligations. Persons who will sue for damages by accident are obliged to sue within this two-year period. In any case, the right to file a lawsuit expires after 10 years have passed since the date of the accident.
There is one exception here. If a crime has been committed due to a traffic accident, the statute of limitations shall also apply. If there is an injury in a traffic accident, the crime of injury by negligence, if there is death, the crime of killing by negligence occurs. If there is death or injury as a result of a traffic decision, it is the time period for opening the material and non-pecuniary damages, whatever the statute of limitations foreseen in the criminal law. In other words, if a longer period of time is envisaged in the criminal laws for these offenses, the time for filing a compensation lawsuit extends to the longer period of time regulated in the criminal laws. If a statute of limitations arises from an act requiring a punishment, this statute of limitations shall apply ”.
Fatal Traffic Accidents
Article 53 of the Code of Obligations encompasses the damages required for compensation in case of death as a result of a traffic accident. Compensation that may be requested by the persons concerned as a result of a fatal traffic accident; non-pecuniary damage, compensation for deprivation of support, funeral and burial expenses, treatment and hospital expenses (if treated for a while before dying);
Valuing a Claim
Arm injury claims are intended to compensate for auto accident injury victims. In essence, arriving at a value for a claim means estimating what a jury might award in a lawsuit. What are some factors that affect the value of a settlement?
- The severity of the injury: The more serious the wound, the greater the amount of compensation the victim will likely receive.
- Liability of the other driver: The plaintiff must be able to demonstrate that the other driver was at fault for the accident. Without clear evidence, the value of the claim decreases.
- Extent and type of treatment: A broken arm that requires surgery will generally lead to a larger settlement than a less severe injury such as a mild sprain.
Importance of Medical Evidence
The availability of medical evidence to showcase the severity of the wound is a critical factor. After a person suffers a fracture, a radiologist will likely take X-ray images. These photos and similar medical records leave little room for interpretation as to the seriousness of the injury.
Types of Damages
Generally speaking, there are two types of damages available to the victims in personal injury cases: economic and noneconomic. Economic damages are the easier of the two to quantify. They include medical bills, lost income, diminished earning capacity, and property damage. Noneconomic damages are losses that stem from the injury but are less easily quantified. They include pain and suffering, disfigurement, loss of enjoyment of life, and other more subjective harms.
Find Out How Much Your Case Is Worth
If you suffered an arm injury in an auto accident, you could receive significant compensation in a personal injury claim. Insurance companies try to pay as little as possible to the victims in these accidents, so be sure to speak to a personal injury attorney who understands how to maximize your settlement. Fill out a free case evaluation today.