After an accident, a settlement may be awarded to a victim or victim’s family due to losses sustained as a result of an injury or death that were caused by the accident. The damages you can recover in a personal injury lawsuit vary depending on the nature of the accident. Including, who is involved, the resulting injuries or property damage, and many other factors.
In order to recover damages the victim must prove that the person who caused harm was negligent. Particularly, that the person did not apply enough caution or care, which resulted in injury to the victim.
There is often compensation owed, if you or a family member has suffered an injury as a result of another’s negligence. However, it is important to understand the different types of damages that can be recovered in a personal injury lawsuit.
There is compensation, if you or a family member has suffered an injury as a result of another’s negligence. In spite of, it is important to understand the possible damages recovered in a personal injury lawsuit.
Types of Damages Recovered in a Personal Injury Lawsuit
The available damages in a personal injury claim or lawsuit will vary depending on the nature of the accident. For example, the circumstances of the injured victim and the state laws that control the accident. In general, the damages recovered in a personal injury lawsuit or claim are the following:
Property such as a car, bicycle, electronic devices, or any other belongings that were damaged are recoverable.
The amount that a person can recover in property damage is determined by the repair costs or the replacement value. Furthermore, the loss of use of the item until it’s repaired or replaced is also repayable.
The defendant must pay for the medical costs related with the injury. For instance, medical care such as emergency treatment, diagnostic testing, physical or psychiatric therapy, surgery, hospital stays, and future medical recommendations. If the injury results in death, the defendant is responsible for the medical costs. Medical bills incurred up until death.
Loss of income and future loss of earnings are also damages awarded in a personal injury lawsuit. Lost wages are reimbursed if you had to miss time off of work as a result of the accident.
Equally important, repayment of vacation or sick time that was used can be recovered. Loss of future earnings are also required to be paid if the injury causes one to be out work permanently or earn the same capacity.
Pain and Suffering
Physical and emotional distress associated with an injury are also damages awarded in a personal injury settlement. These damages are usually non-economic. Meaning, there is no specific value or dollar figure to scale, making it difficult to calculate.
Pain and suffering includes present and future pain, scarring, depression, anxiety, anger, and frustration.
Loss of Consortium
Spouses or family members whose loved one has been severely injured or killed as a result of neglectful act, are also able to recover damages. Loss of consortium is to award a family member for the loss of the relationship, services, and loss of companionship.
Generally, these claims are made by a spouse or partner. However, these damages are not awarded unless the injured person dies as a result of the injuries or suffers a terrible disability. Tragic injuries include amputations, paralysis, or incontinence.
Wrongful Death Benefits
A death caused by the wrongful acts or neglect of another, may result in a wrongful death claim or lawsuit. Such claims are brought upon by a spouse, partner, or close relative of the deceased. These claims are very similar to a loss of consortium claim.
Benefits that are available following a wrongful death case are the following:
- Medical bills incurred up until death;
- Funeral and burial expenses;
- Loss of financial contribution;
- Loss of services;
- Emotional distress of the surviving family.
Punitive or exemplary damages are damages awarded to a victim or deceased’s family, in order to punish the defendant for the neglectful act. The award is to discourage the defendant and others from repeating the neglectful or dangerous conduct in the future. Usually, these damages are awarded if the defendant acted in a reckless or intentional manner.
Hire an Experienced Lawyer for Your Personal Injury Lawsuit
An injury or loss of a loved one as a result of the careless act of another can leave you with unexpected monetary, physical, and emotional damages. An attorney’s assistance is necessary to help you properly understand the system and recover all the losses suffered.
Let the experienced lawyers at Sweet Law Group fight for you every single minute of the day. With a over 44 years of experience, you can trust that our law firm knows how to achieve the justice and compensation you deserve.
For this purpose, call to speak with one of our personal injury attorneys today for a free consultation at (800) 674-7854.