When you or your loved one is injured because of someone else’s negligence, it can be life changing. Medical bills, lost wages, and other expenses add to the pain, suffering and possible loss already being experienced from the injury. These are the reasons personal injury lawsuits exist. No one should have to be responsible for damages caused by another’s negligence.
The value of a personal injury case is dependent on the circumstances of the accident, the severity of injuries sustained, insurance coverage, and damages accrued because of the accident. Damages are the primary factor in determining how much a case is worth. Below is a list of the types of damages you could get in a personal injury lawsuit.
- Medical Bills: Medical bills can be both past and future. Some Injuries can require intensive immediate medical treatment. This can include tests, treatments, hospitals stays and immediate follow-up care. If an injury is traumatic enough, it can require ongoing treatment especially if it is severe or permanent. Facing a lifelong medical issue is very expensive. That is why when assessing damages, both past and future medical costs are considered when determining compensation.
- Lost Wages: When a person is injured, they may have to miss work for doctor’s appointment or time spent in the hospital. Some injuries may even cause a person to be unable to work at all. Whether just a few days or permanent loss of work, an injury victim could be entitled to past and future lost wages.
- Pain and Suffering: Pain and suffering refers to the depth and breadth of physical pain a person has a result of an injury. Just as medical bills and lost wages, this includes past and future pain and discomfort the victim has endured. This includes the pain suffered to date and the pain and suffering one is likely to suffer in the future. It is important in pain and suffering damages to gather evidence to prove how the injury has impacted the victim. Medical records, photographs of injuries and written diaries of symptoms are all helpful in proving pain and suffering.
- Emotional Suffering: Emotional suffering is the mental and emotional distress a person suffers because of the injury. Emotional suffering not only is a product of physical pain, but also the result of the accident itself. Things such as loss of quality of life, trauma from the accident, shock, anxiety, fear, anger, and humiliation are all common emotions following a serious injury. Emotional suffering can lead to depression, loss of sleep and appetite, mood swings, and post-traumatic stress disorder. These effects are considered when determining the value of a personal injury case.
- Wrongful Death: If a person is killed in an accident caused by the negligence of another, the survivors of the individual can file a wrongful death claim. This helps the survivor’s family cover the deceased’s leftover bills, funeral expenses, and lost income. It can also include the loss of companionship, guidance, and instruction such as in the loss of a parent.
- Loss of Consortium: Loss of companionship is called loss of consortium. This is not just in the case of parent. If a spouse or partner is injured so severely that the relationship is no longer sustainable or the person dies, compensation could be owed for loss of consortium.
- Punitive Damages: Punitive damages are meant to punish the person who caused the injury. Not only is it meant to make an example out of the negligent party, but it is also meant to be a deterrent for others. Punitive damages are awarded in cases that are flagrantly wrong in nature. These are cases where the actions to harm someone were intentional or from wanton and willful misconduct. Medical malpractice is an example of this type of injury.
There are many variables that go into determining the value of a personal injury case. Every case is different, but there are some common factors that can lead to an increase or decrease in the amount of compensation one receives. The best thing to do if you or your loved one is injured in an accident is to contact a personal injury attorney as soon as possible. Here at Curtis Legal Services, we have been helping injury victims for over 30 years with great success. Give us a call for a FREE consultation. We will review your case and let you know what compensation you deserve. We are here to fight for you.