June 16, 2024

Types of personal injury claims

Handling a personal injury might be financially, emotionally, and physically draining, especially for affected victims and their family members. Although victims can turn to insurance forms to offer them money to cater for damages and costs, most might find their claims inadequately addressed or denied. In some cases, you might wonder about the kind of damages you can claim. However, this guide highlights the common types of damage and why you are a professional lawyer.

Compensatory damages

Most personal injury claims are for the purpose of assisting victims in receiving compensatory or financial damages. In particular, the settlement includes quantifiable expenses that you had to pay or lost due to an accident. The common examples include:

Medical expenses

If you suffer from an accident, you need to monitor the documentation, receipts, and bills associated with expenses such as:

  • Increase in living expenses
  • Medical transportation, including hiring an ambulance
  • Nursing expenses at home
  • Prescribed medications
  • Doctors’ appointments
  • Pain management, rehabilitation, and physical therapy bills
  • Costs of medical treatment (laboratory test and surgery), medical bills, and hospital stays

Damage of property

You need to determine if your boat, motorcycle, or car was damaged during the incident that contributed to your injury. Hiring a professional lawyer can assist you in calculating the property damages.

Loss of earning capacity

The damages include the wages you might have lost up to the trial data and the future wages you are likely to lose due to the injuries.

Expenses associated with altered or canceled trips

If the injury prevented you from engaging in your plans, you have a right to receive a financial settlement.

Non- compensatory damages

The damages include non-quantifiable costs such as:

Lower quality of life

Most personal injuries leave victims with the inability to enjoy life activities as they did in the past. For instance, most victims who suffer from traumatic brain injury or amputation due to an injury deserve to receive a settlement for this damage.

Pain and suffering

If you suffer from an extended physical pain emanating from an injury, you deserve compensation. In this case, the suffering can include emotional distress, mental anguish, insomnia, depression, and post-traumatic stress disorder (PTSD).

Loss of life enjoyment

When a victim of a personal injury case cannot participate in activities that made them happy in the past, such as playing sports, music, or taking part in their children’s lives, they can claim compensation.

Wrongful death damages

The damages involve a combination of general and special compensatory damages and only apply in a case where the victim dies. The damages include burial and funeral expenses, cost of medical care before death, loss of companionship/ consortium, loss of financial contribution, and emotional distress for the surviving family members.

Punitive damages

The punitive damages are supposed to punish the negligent party for causing wrongful death or injury. They can be awarded especially in cases that encompass deliberate torts, including defamation, deceit, fraud, or assault. However, most nations do not highlight if damages are available in negligence claims or inadvertent torts.

What can you do to receive a settlement for the damages suffered?

You should hire a professional personal injury lawyer to help you handle your problems and understand the confusing statute of limitations rules that govern different kinds of injury cases. Therefore, the lawyer will inform you of the appropriate time you can file your claim. Also, the lawyer will assist you in knowing the legal options you have after an accident.

The attorney can get an opportunity to develop a solid case to increase your case if receiving fair compensation. They can do that by helping you to gather evidence from your witness and the required documentation. Also, the lawyer can help in calculating your damages by considering the extent and nature of injuries, your age, and the impact of an injury on your life. Not only that, the attorney can protect your rights while interacting with the insurance company of the defendant because they might try to interrogate you so that you offer statements they can use against you.