Personal injuries are occurring all the time, whether they occur due to car accidents or due to and event that happens in the workplace. When an injury takes place, and somebody is found negligent, you may be entitled to the compensation you deserve. But what kind of compensation is this and what does it cover? Now you can find out all about the damages you may be awarded in your personal injury claim.
What Types of Damages Should You Expect to Receive?
- Medical Bill Compensation: The plaintiff must sometimes undergo testing, have hospital stays, nursing home stays, or physical therapy. When this is the case, the defendant must pay for the cost of bills, which can be an expensive process. If they are permanently disabled, this may make things even harder and more expensive to figure out.
- Lost Wages: Lost wages can include payment for work that a plaintiff had to miss such as being made permanently unable to work due to an injury. In some situations, a plaintiff may have been disabled in some way and it will affect their future ability to earn. This is taken into consideration, too.
- Pain and Suffering: A technique known as a “pain multiplier” may be used to arrive at a reasonable number, which is multiplying actual financial losses times a number that the insurer deems appropriate.
- Emotional Distress: This must usually be proven by psychiatric records and diagnosis or posttraumatic stress disorder.
- Wrongful Death: These lawsuits are brought by the family members of victims who have been killed because of an accident or injury and somebody else’s negligence. Spouses can bring action in all states and parents can always act on behalf of their minor children. However, you will have to see what rules apply for your specific claim.
- Loss of Companionship/Loss of Consortium: These actions are brought by family members of an individual who has been killed or altered in some way due to an accident. They are meant to compensate the family member for the loss of a relationship with the victim and can include that which involves an intimate physical relationship.
- Punitive Damages: These damages are not intended to make the plaintiff whole – instead, they serve a purpose of punishing the defendant for wrongful behavior. These damages act as a deterrent for that sort of behavior conducted.
What Are Damage Caps?
Damage caps can limit damages depending on the type of case you are involved in. California limits non-economic damages, which include pain and suffering, when it comes to medical malpractice cases. Even though damage caps may exist in your case, there are sometimes ways around them. For instance, ask yourself if the defendant acted intentionally to cause harm. If so, the caps may not apply. There are also usually exceptions in wrongful death cases or in cases in which negligence was motivated by financial gain.
Assessing Your Case Realistically
Do you know what potential in settlement your case has? If you sustained simple soft tissue injuries, you don’t want to attempt to con your insurance adjuster into thinking that your injuries are worse than they actually are. You should always stand firm when the adjuster is involved, meaning, don’t settle for less than you deserve, either! It is vital to remember that no two injury events are exactly alike. Since all cases vary, so do the injuries and effects that are taken on those involved. Always communicate what you believe you deserve!
If you believe you need help in your personal injury claim, you may want to speak with an experienced attorney. Personal injury can be a highly complex law and you may have many questions regarding your case. Speak to an attorney that you can trust at Welebir | Tierney. Call to schedule a consultation immediately, and gain the compensation that you deserve!