Last Updated on April 6, 2021 by Legal Team
Personal Injury Lawsuits
If you’ve recently been in a car accident or a fall on someone else’s property and are thinking about filing a personal injury lawsuit, you must be wondering whether or not it’s worth it to sue someone for damages.
The worth of what in legal terms is referred to as “damages” comes down to calculating what your injuries cost you in terms of monetary, physical, and mental losses.
Personal Injury Settlement
In most cases involving personal injury, monetary damages are paid to an injured person (also called a plaintiff) by the defendant (person or company found to be legally responsible for the accident) or their insurance providers. Damages are usually agreed upon after rounds of negotiations between the parties concerned which are called a negotiated settlement.
Personal Injury Trial
In some cases, both parties, along with their insurers and lawyers, may be unable to arrive at a mutually agreeable settlement. In this case, the matter makes its way to trial, where a judge or jury may decide on the final outcome.
Compensation Damages in Cases of Personal Injury
There are different kinds of damages awarded in personal injury cases. Read on to learn more.
Most damages for Personal Injuries are considered compensatory since the injured plaintiff is being compensated for his losses arising from an injury or accident. Some losses are easier to quantify, such as the medical costs incurred. However, loss of wages and property damages are far more challenging to place a monetary value on the pain, suffering, anguish and lingering trauma from the accident and its related injuries.
6 Forms of Injury Compensation
Below are the different types of compensatory damages awarded in cases of personal injury.
1. Medical Treatment
The cost of medical care following an accident is always included in personal injury damages and includes reimbursement of the expenses for treatments already received and further compensation for estimated future medical care on account of the accident.
In the event that the accident has left you temporarily or permanently immobile, you are also entitled to compensation for the loss of salary or wages because of the accident as well as for the loss of future earning capacity.
3. Loss of Property
You are also entitled to reimbursement of any damages to your vehicle, clothing and other personal effects during the accident. This usually involves the cost of repairs or a fair market value for a property that is beyond repairs.
4. Pain and Suffering
You are also entitled to compensation for the pain and severe discomfort you underwent during and immediately after the accident. In the case of serious accidents, this also includes any ongoing pain on account of the accident.
5. Emotional Distress
The term emotional distress refers to the psychological impact of an accident on the victim and could include anxiety, fear and sleep loss. A plaintiff in a personal injury lawsuit is also entitled to compensation for emotional distress. However, some states include emotional distress damages within damages for pain and suffering.
6. Loss of Enjoyment
You may also be entitled to receive damages on account of loss of enjoyment if the injuries from the accident prevent you from living a full life which includes the pursuit of hobbies, exercise or any other recreational activities.
Finding The Right Personal Injury Lawyer
These are some of the most common damages awarded in the case of Personal Injury Lawsuits. Reach out to an experienced and skilled lawyer to determine the value of your injury lawsuit, to ensure your claim is valid and successful.