What damages are available in a personal injury case?

Being in an accident, suffering injuries after slipping and falling, being harmed due to medical malpractice, or injured with a defective product means that you are going through a scary time. All of a sudden, things that you could do before without thinking twice about them become difficult. Instead of focusing on your life, your family, and your professional projects, your entire vision now has to look towards recovering your health.

As if this was not disruptive enough, you now have to deal with accumulating medical bills, expenses for physical therapies, prescription medications, and other medical treatments. And if the accident has affected your health to such a degree, you are probably unable to go back to work and may have started facing financial difficulties and the stress that accompanies it.

When you talk to a personal injury attorney regarding your accident and what options are available to you to recover compensation for your injuries, you may discover that different types of damages may be included in a personal injury claim. These are:

Economic Damages

Damages that may be quantified through evidence are defined as economic damages. These are easy to add up and include all medical bills related to your injuries, from doctor’s visits to medical treatments, surgeries, prescription medications, rehabilitation, and any foreseen medical expenses that you may incur in the future like home health care or therapies.

Also, under the economic damages umbrella, your attorney will add your past lost wages and any household services that you can no longer do, such as mowing the lawn, cleaning your home, or other activities for which you may now have to pay.

And suppose a loved one has died due to an accident. In that case, your accident attorney can also fight to get you wrongful death damages that may include funeral expenses, all the medical care that took place before the death, and the emotional toll that this incident has had on you and your family.

Non-Economic Damages

These damages are much harder to quantify and cover pain and suffering and emotional distress. To come up with a fair amount to cover pain and suffering, juries can make use of the evidence presented and calculate a per diem amount for the duration of the plaintiff’s expected lifespan.

Another possibility is for your lawyer to use a multiplier of the number of economic damages. They may multiply two or three times the amount of medical bills. However, in some states, non-economic damages can only be claimed when the injuries are expected to be permanent.

Punitive Damages

These are awarded to punish the defendant for their actions and are only available when severe gross negligence or intentional misconduct can be proven. Punitive damages are awarded in exceptional cases, and most personal injury cases do not include them. To be granted, these damages need approval from the court.

Caps on Damages

Some legislatures have established caps on non-economic damages, limiting the amount that a jury can award for items such as pain and suffering.

Get Legal Help

Before accepting an offer from an insurance company or if you have decided that the best way to proceed to recover damages is through a personal injury claim, it is crucial to have the opinion of an experienced legal professional that can understand the details of your case and advise you as to the best way to proceed. Click wattelandyork.com to get more information on working with an accident attorney that will build a solid case and fight to get you the compensation you deserve for your injuries.

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