Suffering an injury can cause all kinds of physical, emotional, and even financial issues, but when the incident was a result of someone else’s negligence or recklessness, state laws allow victims to pursue damages against the party that is responsible.
There are many different types of losses that a victim’s injuries can cause but pursuing a personal injury claim can help alleviate those losses. The point of a personal injury lawsuit is to “make the victim whole again.” This means that the victim can pursue both economical and non-economical losses.
Economic losses are those that have a tangible dollar amount attached to them. For example, medical expenses for injuries are one of the recoverable economic damages a victim can obtain. A victim can not only receive medical expenses for past and present treatments but is also entitled to receive compensation for medical expenses for the future if they are left with a long-term or permanent disability. Medical expenses include:
- Ambulance transportation
- Emergency room treatment
- Diagnostic tests
- Hospital stays
- Rehabilitation stays
- Physical and occupational therapy
- Mental health therapy
- Doctor visits
- Medical devices and equipment
- Prescription and over-the-counter medication
- Transporation costs to and from medical appointments
Another economical damage is loss of income. Many victims are unable to work while they recover from their injuries, yet they do not have the sick pay to cover those days away from work. They may also lose earned benefits. Lost wages and benefits can be compensated in a personal injury claim.
If the victim is left with permanent health issues and is unable to return to their prior profession or unable to work at all, they are also entitled to loss of future income and benefits.
There are also losses a victim can be compensated for that do not have an actual dollar amount. These include:
- Pain and suffering
- Mental anguish
- Permanent disability
- Loss of life enjoyment
Filing a Personal Injury Claim
Most personal injury cases start off with the victim filing a claim against the at-fault party’s insurance company, such as in a car accident or premises liability accident. In the majority of cases, there will be a negotiation between the victim – usually through their personal injury lawyer – and the insurance company to come up with a fair and just settlement amount.
If the parties are unable to come to an agreement, the victim’s lawyer will then file a personal injury lawsuit in the civil court, where the case will be litigated before a jury. It is the jury that will decide if the victim deserves to be compensated and how much that compensation should be.
If you have been injured in an accident, is in your best interest to speak with an experienced black personal injury lawyer before dealing with the at-fault party’s insurance company. Your lawyer will provide the professional legal guidance you need to ensure you get the maximum financial compensation you are entitled to in an insurance settlement or jury award.
Thank you to our friends at Council & Associates, LLC for the information about personal injury claims.