If you are considering filing a personal injury lawsuit after being in an accident, you must be wondering how much your case is really worth. The answer to this question is that it all depends on the “damages” sustained in the accident, the extent of your injuries, as well as any property damage such as if you were involved in a car accident.
In many personal injury cases, monetary damages are paid to the injured person by the other party who is found to be legally responsible for causing the injury or accident. The settlement amount is negotiated among the parties, the insurance companies as well as the attorneys from both sides. The plaintiff, or the injured person, is entitled to a number of different kinds of damages in a personal injury case. These damages can be affected by the plaintiff’s actions, or lack of those actions.
In all personal injury cases, the damages are classified as “compensatory,” which means that they are intended to compensate the injured plaintiff for the losses he suffered as a result of the injury or accident. Some of the most obvious damages include:
Cost of Medical Treatment – Damages in personal injury cases cover the cost of medical treatment, hospital expenses, and cost of medical care. This includes reimbursement of costs for any medical treatment that you have already received and an estimate of the medical cost you will need in the future as a result of the accident.
Loss of Income – If the accident had an impact on your ability to work, which affected your income, you may be entitled to compensation for the accident. This not only covers the income you have already lost, but also the money you would have been able to earn in the future if you were not injured. This is characterized as the victims “loss of earning capacity” in personal injury legalese.
Property Damage – If the accident resulted in the loss or damage to any vehicle, clothing, or other items, then you’ll be entitled to reimbursement for repairs or compensation for those items, based on the value of the property that was lost.
Pain and Suffering – If you sustained serious discomfort, pain and suffering as a result of the accident, you may be entitled to get compensation for that suffering. This pain and suffering refers to the pain and suffering you experienced during the accident, as well as the short and long-term aftermath of the injury.
Emotional Distress – Emotional distress damages are usually linked to more serious accidents. They are meant to compensate the plaintiff for any psychological impact of the injury, such as anxiety, stress, fear, loss of sleep and so on.
Loss of Enjoyment – If you are not able to enjoy daily pursuits like exercise, going out with friends and family, or even visiting the local park to walk your dog as a result of the injuries sustained in the accident, you may be entitled to receive “loss of enjoyment” damages.
Loss of Consortium – If the plaintiff is not able to live a healthy and happy life with his or her spouse due to the injury caused in the accident, they may be entitled to loss of consortium. This also refers to the ability to maintain a healthy sexual relationship with his or her spouse.
Apart from these compensatory damages, in particularly egregious cases the plaintiff may be entitled to punitive damages as well. For more details on the damages that can be claimed in a personal injury claim, contact an experienced personal injury lawyer in your area immediately.
