Published On: Wed, Oct 9th, 2019

Types of Damages You May Claim After a Personal Injury

When meeting with personal injury attorneys, the first thing that most people ask is how much is their case worth and what they can get compensated for.

After all, victims of personal injury must know if a lawsuit is worth it or if it’s better to just settle outside of court for a reasonable sum. However, they should also know the exact kind of damages that they can claim!

If you choose to settle out of court, you may also avoid consulting an attorney. Obviously, this will result in you losing some benefits or even compensation. Therefore, in the following lines, we’ll show you what damages you can claim after a personal injury – if you have a lawyer representing you.

Compensatory Damages

Usually, personal injury damages are labeled as compensatory. This means that they are meant to compensate the injured party for what they’ve lost after the accident or injury.

In short, compensatory damages are used to put a dollar figure on all of the consequences of the injury/accident. 

photo/Claim Accident Services

Here are the types of damages that you may be able to claim:

  • Medical Treatment

You will most likely always be awarded the cost of medical care that is directly associated with the accident. 

This implies reimbursement for the treatment that you have received, as well as compensation for the medical care that you will need in the future because of the accident.

  • Income

If the accident or injury impacts your wages and salary, you may be entitled to compensation.

Keep in mind that this implies earnings that you would have been able to make after the accident as well. This type of damages is labeled as loss of earning capacity and you have to be properly compensated for this loss.

  • Loss of Property

You may be entitled to reimbursement for any item that has been damaged in the accident that caused your injury.

For example, you will be compensated for the fair market value of any clothing, vehicle, or other items that have been lost or damaged.

  • Suffering and Pain

In case you have been caused serious discomfort and pain during and after the accident, you will be entitled to compensatory damages.

On top of that, any ongoing pain that is directly related to the accident/injury will also serve as a means for compensation.

  • Emotional Distress

More serious accidents often cause emotional distress. Any psychological impact, such as fear, loss of sleep, or anxiety, will result in proper compensation.

In some states, emotional distress damages are included in the suffering and pain category.

  • Loss of Enjoyment

If you, due to your injury, can no longer enjoy hobbies, recreational activities, or exercise, you will be entitled to damages/compensation.

In short, if the injury keeps you from engaging in day-to-day pursuits, you have to be compensated.

  • Loss of Consortium

These types of damages refer to the impact that the victim’s injuries have on their relationship with their spouse. This implies the inability to maintain a sexual relationship or loss of companionship, for example. 

In some cases, such damages may be awarded to the family member who is affected rather than to the victim. 

The Bottom Line

Now you can see why it is very important that you have a personal injury attorney with you. If you were to settle your case without a lawsuit, you may lose a lot of money in damages.

Keep in mind that, when reaching a settlement, insurance companies and the accused party won’t usually take into account all types of damages. Instead, they will try to make you agree on a certain sum, without mentioning damages.

Author: Tech Social

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