What Damages Can Be Claimed in a Personal Injury Case

Share This Post

Personal injury cases may result from various circumstances, including car accidents, slip and fall incidents or medical malpractice. When someone sustains injuries due to another’s negligence or wrongdoing, they may be entitled to receive compensation for the losses or harms experienced; such compensation might include medical expenses, lost wages and pain & suffering compensation among other things.

Medical Expenses
One of the primary types of damages available to claimants in personal injury suits are medical expenses. This category encompasses any costs related to treatment that an injured party incurred out of pocket for themselves, such as doctor visits, hospital stays, surgery costs, medication expenses or physical therapy sessions. Furthermore, an injured party may require ongoing rehabilitation treatment that incurs further expenses over time.

If an injured party can demonstrate that their injuries were the result of another’s negligence or fault, they may be entitled to recover all medical expenses as part of a damages award. It’s important to keep in mind that insurance companies and defendants may dispute the extent or necessity of treatment provided, so keeping detailed records is critical in supporting a case for damages award recovery.

Lost Wages
Another element of damages available to claimants in personal injury suits is lost wages. This refers to any type of income lost as the result of their injury, including wages, salary, bonuses, and commissions. If their injury prevents them from returning to work for an extended period, lost future earnings may also be recovered as part of this type of recovery claim.

For injured parties to prove lost wages, evidence of pre-injury income as well as missed time from work must be submitted in the form of pay stubs, tax returns or letters from employers verifying how much income has been lost may be necessary to prove damages for lost wages. It should also be noted that self-employed or commission workers may find it more challenging to calculate lost wages; consulting a financial expert could be useful when calculating damages claims accordingly.

Pain and Suffering
Alongside economic damages like medical expenses and lost wages, personal injury victims may also be entitled to non-economic pain and suffering damages as compensation for physical pain, emotional distress and psychological trauma caused by their injury. These compensation payments seek to offset these injuries caused by negligence and provide for their full restoration.

Pain and suffering damages are more challenging to assess than economic damages as there is no set formula or calculation to ascertain their value. Instead, the amount will depend on each case’s circumstances including severity of injury, duration of discomfort experienced and impact on quality of life for injured person.

Have A Personal Injury?
Visit us at NO COST!

  • Exam and Advanced Referrals
  • Physical Assessment & Consultation
  • Attorney referrals if needed
  • Medical managed physical therapy and chiropractic visits
  • We offer non-opioid mail order pharmaceuticals if needed

Additional Types of Damages
A personal injury case allows individuals to claim not only medical expenses and lost wages but also additional damages such as pain and suffering as part of their claim for compensation in addition to medical expenses, lost wages and pain and suffering damages. Such damages could include:

  • Property damage: If an injury results in damage to someone’s property, such as their vehicle in a car accident, then they may be eligible to recoup some or all of the cost for repairs or replacement from any insurers involved in their case.
  • Loss of Consortium: If the injury has affected their relationship with their partner, they could claim damages for loss of consortium – compensation that covers lost companionship, support and intimacy due to an impaired partnership.
  • Punitive Damages: If the defendant’s actions were particularly egregious or deliberate, injured parties may be eligible to claim punitive damages to punish and deter similar behavior in future.
    Conclusion Personal injury lawsuits can be complex affairs involving numerous damages that the injured party can claim from. While medical expenses, lost wages, and pain and suffering are some of the more commonly claimed in these claims, each situation may call for different considerations when claiming them.

Importantly, claiming damages in a personal injury case can be challenging and it may be beneficial to retain a knowledgeable personal injury attorney to assist. A knowledgeable attorney will help the injured party understand their rights and options as they build their case; collect evidence in support of it; negotiate with insurance companies and defendants on their behalf; and advocate on their behalf in court if needed.

In conclusion, if you’ve been injured due to someone else’s negligence or fault, compensation could be available for your losses. By understanding what types of damages can be claimed under personal injury cases and consulting an experienced attorney, it may be possible to assert your rights and secure what damages are owed to you.

Have A Personal Injury?
Visit us at NO COST!

  • Exam and Advanced Referrals
  • Physical Assessment & Consultation
  • Attorney referrals if needed
  • Medical managed physical therapy and chiropractic visits
  • We offer non-opioid mail order pharmaceuticals if needed

Subscribe To Our Newsletter

Get updates and learn from the best

More To Explore

Personal Injury

How Long Does a Personal Injury Lawsuit Take

Personal injury lawsuits may arise in any number of situations, from car accidents and slip and fall incidents to medical malpractice and more. If someone

Had A Personal Injury?

Contact Us For A Free Examination!