If you want to file a lawsuit for personal injuries resulting from slip and fall, car accident or any other mishap, the first thing likely to come up in your mind is regarding worth of your case. The answer is the amount of compensation largely depends on extent of damages. The case involves investigation, documentation and assessment of the type of injuries, suffering of the injured and last but not the least, if the defendant is entitled for punishment.
In any personal injury case, the plaintiff receives compensation from the at-fault party or his/her insurance company. A damage award can be decided following a mutual settlement between the two parties, the insurers or the lawyers. If no settlement point is reached, the jury or judge may decide the amount of compensation after a court trial.
Compensation for Damages in Personal Injury Cases
Most personal injury damages are categorized as “compensatory”, implying that these are meant to compensate the injured complaint for his/her loss resulting from the injury or accident. The purpose of offering compensatory damage award is to help the plaintiff financially with a hope that it will cover his/her medical bills, physical pain, mental trauma and loss of wages.
It is easy to quantify some damages – for example, compensation for medical bills and property damages. Unfortunately, it is not easy to quantify physical pain and suffering or the injured party’s inability to participate in entertainment activities due to physical limitations resulting from accident-related injuries.
The followings are different kinds of common compensatory damages in most personal injury cases:
- Medical Treatment: Personal injury damage award always covers medical expenses for the injuries caused by the accident. The award includes reimbursement for treatment already received by the injured and estimated expenses for future medical care.
- Pain & Suffering: You are entitled to receive compensation for pain and physical discomfort you have suffered during the course of treatment and on your way to full recovery.
- Property Damage: If your car or other items have suffered damages due to the accident, you have the right to claim for reimbursement for repairs at the current market value of the damaged property.
- Emotional Suffering: Emotional distress may linger for days, weeks and even months after a horrible accident. In fact, the injured never fails to forget the horrendous accident until his/her last breath. A compensation award also covers the psychological trauma suffered by the injured. In some states, emotional distress is considered a part of “pain and suffering” damage justly covered by compensation awarded to the plaintiff.
- Wage Loss: The injuries arising from the accident inflict a negative impact on one’s wages. The injured suffers loss of income and what is more, the accidents may affect the person’s ability to make money in future.
- Loss of Enjoyment: If injuries arising from the accidents keep you away from enjoying your hobbies, exercises and other day-to-day activities, you are entitled to receive compensation for loss of damages.
It is important to receive medical attention immediately after an accident. As soon as you feel well, contact a personal injury lawyer from Dolan Dobrinksy Rosenblum, LLP to know how much you are entitled to receive for your injury.