Types of Damages in Personal Injury Cases
Many hold the assumption that personal injury damages are never fully compensated. While this can be true for some cases, the majority of cases that rely on the skills of a qualified personal injury lawyer have much higher success rates and favorable compensation awards or settlements. As such, it is essential to enlist a personal injury attorney who not only has the experience and background to prevail, but who is also someone you can trust. Retaining a personal injury lawyer you can trust will help make the process much less stressful. In addition, a trustworthy attorney will take the time to explain the different components that make up your unique case, such as the types of damages that can be obtained in personal injury cases.
The damages you collect for a personal injury will depend on several factors, including the kind of injury sustained, medical costs, treatments, medication, loss of wages, loss of companionship, and other damages subject to “making the victim whole.”
The following details three main types of damages a victim can collect in a personal injury case:
- Compensation for Medical Costs: Costs for medical care after an incident can result in high medical bills and expenses. If the victim has to endure medical treatment due to a serious personal injury caused by someone else, they have a right to seek compensation for medication, surgeries, hospital stays, physical therapy, nursing home stays, ongoing treatment, and any other medical costs related to the injury. If the victim has become permanently disabled, they will require significant adjustments to their way of life. They may need a hospital bed in their home, adaptive equipment, round-the-clock nursing care, and/or other components to help with quality of life. The amount of medical costs compensated should be calculated in a way that includes present and future medical expenses. To ensure that adequate medical compensation is received, a personal injury lawyer should be consulted.
- Loss of Wages: When a victim is unable to work due to injury, they should be compensated for any lost income that results from the inability to work or return to work. Further, if a victim has to miss work to receive treatment or make an appointment with their physician, they should be compensated for this time as well. In the event that a victim becomes permanently disabled, they are entitled to obtain monetary compensation for the wages they could have made over the course of their life. If your work and wages have been affected by a personal injury, it is imperative that you talk to a personal injury attorney about your case.
- Pain and Suffering: Pain and suffering is caused when a victim has suffered mental and physical distress. It can sometimes be difficult to calculate pain and suffering. However, insurance companies and other at-fault parties often prefer to settle a case outside of court because the payout can be substantial if a jury sways more in favor of the victim, which usually happens. When an individual claims pain and suffering, they could be suffering from either or both physical and mental anguish.
Physical anguish relates to actual physical pain and discomfort from the injury, and it can be temporary or permanent. If a victim suffers from mental distress, they could endure loss of enjoyment, anger, anxiety, fear, shock, depression, post-traumatic stress disorder, loss of appetite, loss of sleep or insomnia, and lack of energy. The trauma caused by the injury can introduce these aforementioned negative emotions. Therefore, a victim could seek compensation for this kind of suffering. If you have been involved in a personal injury accident, and you are experiencing pain and suffering, it is crucial to seek the expert advice of a personal injury lawyer as soon as possible.
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