What are the Possible Damages in a Personal Injury Lawsuit?

What Happens During a Personal Injury Case?
March 6, 2013
How to go about Filing a Personal Injury Lawsuit
March 28, 2013

A personal injury can hit you hard and cause significant financial strain on you and your family with all the medical bills, not to mention the mental trauma that one experiences in such an occurrence. However, if you have sufficient evidence that your injury is the result of negligence by another person, you can seek compensation and file a claim for damages, which means you won’t have to suffer financially.

It is fortunate that during such times the law dictates that you can file a lawsuit and petition for the compensation to cover the medical bills and loss of income, as well as receive extra monetary compensation for the mental trauma you suffered as a result of such an incident. Of course each jurisdiction differs in regards to the amount of compensation awarded. Although most of them provide for similar damages, especially those most commonly sought.

A personal injury can turn your whole world upside down and this is why it is important that the United States makes it possible for you to at least get back to the position you were in financially, if not physically, before the accident occurred. There are some cases where the emotional suffering is so great that even monetary compensation cannot make up for the pain suffered. And in these cases even more compensation can be awarded in order to provide the best platform for recovery for you and your family. Generally, there are two types of damages that can be awarded:

Compensatory Damages

Compensatory damages can be sought as a way to place an injury victim back to the normal position mentally, emotionally and financially. These types of damages come in two general categories: monetary and non monetary.

Damages for Monetary Losses

Loss of income – Obviously, while you are injured, you won’t be able to work and this will result in a loss of wages. Therefore, you can recover those lost wages.
Funeral Expenses – As the relative of a personal injury victim, you can recover any costs that you incurred for funeral expenses.
Property repair and replacement – If your property or vehicle received damage during the incident in question, you may also petition to be compensated for the costs, which will be compensated depending upon the value of your property at the time of the incident.
Living with disability costs – Sometimes, injuries suffered are so severe that a drastic change in lifestyle is required. This means substantial extra costs. Costs like nursing home care and/or home renovation to allow wheelchair access.
Medical expenses – Medical expenses you had to pay at the time of the accident and future expenses can be compensated as well. Your doctor can help you to calculate the possible future medical costs so you can petition for the right amount of compensation.

Damages Awarded for Non Monetary Losses

Emotional trauma and physical pain – Although these types of damages are hard to put a price on, it is possible to seek compensation for immense mental trauma and physical pain suffered as a result of the accident. In this case, a personal injury attorney can help you to calculate a fair compensation.
Affected Relationship – Sometimes, personal injury victims are unable to return to their previous relationships or enjoy the same level of companionship they once enjoyed with their spouse and friends. In this case damages can be pursued with the help of a personal injury attorney.

Punitive Damages

In rare cases, the defendant will be punished by being forced to pay somewhere in the amount of less than ten times the amount of compensatory damages. These cases result when the defendant’s behavior and conduct has been extremely poor and selfish, and is therefore punished by having to pay even more in compensation. This serves more as a punishment for the defendant than as compensation for the plaintiff.

Should you hire a Personal Injury Attorney to Assist You?

It’s important to keep in mind, when deciding whether or not to pursue damages you will be dealing with an insurance company. What does that mean? It essentially means that you will be faced with an extremely experienced and determined opponent. They deal with personal injury cases frequently and know exactly what to do in order to escape from paying damages or at least significantly reduce them. Fighting against them alone will be tough as they don’t like to lose money and will do everything to stop you.

After going over all the evidence, interviewing you and delaying for as much as possible, they will seize it and this will greatly impact on your chances of receiving compensation. They may also offer you a quick settlement payment, but keep in mind as you are not their client and they are doing their best to protect their own interests, the initial offer will be substantially lower than you could pursue with the right personal injury attorney on your side.

If you deny their first settlement in favor of seeking a fair compensation, they may then take you to court where the case may be drawn out and expensive in the long run. Your best chance of succeeding in your battle to receive a fair compensation is to hire a personal injury attorney who is experienced and knowledgeable. A personal injury attorney can help you to deal with the complex liability issues and also more importantly help you to deal with the aggressive tactics of the insurance company.

Alone, you stand a good chance of receiving much less than you deserve. With a personal injury attorney like Jorge L. Gomez by your side, your chances of getting the compensation your case deserves is greatly increased.

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