Damages in a Personal Injury Claim

by Baskin Jones on Feb. 11, 2021

Accident & Injury Accident & Injury  Personal Injury Accident & Injury  Car Accident 

Summary: Each injury claim includes several categories of damages that a jury can consider when they make their award.

  Every claim for damages our office considers will include each of the areas available at law in the particular case. The list below shows the typical categories of damages. Some are very difficult to recover, but we are happy to discuss any of these categories and what you may be able to recover. 

When a payment is made to resolve an injury claim, it is normally made all at once, and it is usually paid by an insurance company. The different areas of damages are all anticipated in the numbers offered in settlement. Normally, no additional payment is made after a release is signed and the settlement amount is paid.

1. Past, present, and future medical expenses;

Your incurred medical bills fall in to this category. Additionally if you Doctor thinks you will need ongoing treatment, it will be considered as a part of damages. If you have medical bills you have not sent us, or if your doctor has told you that you will need additional treatment, send us an email.

2. Physical Disability / Permanent Injury

When your doctor thinks you will have ongoing issues due to your injury, we are able to make a claim for disability with the doctor's help. If your doctor has told you that you will have ongoing issues and we have not discussed it, send us an email.

3. Past, present, and future lost wages

Any wages you have lost due to your inability to work or need to go to the doctor during work days may be recoverable as lost wages. Your doctor will need to document your limitations in your medical records. You often are not able to claim lost wages if your doctor does not provide this information. Also, filed taxes from prior years showing a dip in earnings for the current or future tax years could provide a case for recovering lost wages.

4. Past, present and future pain and suffering, emotional distress, mental anguish

Pain and suffering damages are a part of any injury claim Your medical records should have consistent mentions of your complaints of pain, the times of day pain affects you, and the activities you are limited in due to pain. The amount paid for pain and suffering is often less than the amount paid for medical expenses.

5. Loss of Household Services

These damages include those things you were able to do for yourself around the house prior to the injury which you are no longer able to do or have to pay someone else to do for you. In order to recover this you will need to be able to explain how your injuries have changed your ability to complete these activities, made them more painful, or made you tire faster.

6. Loss of enjoyment of life

All the ways that your life has been made duller as a result of these injuries are covered in the recoverable category of loss of enjoyment of life. These damages should track the amount of ongoing pain and medical bills.

7. Economic damages and property damage

Property damage is often paid in the value of the car early in the claims process. You may be entitled to other out of pocket expenses in your claim.

8. Punitive damages

Punitive damages are only recoverable in cases of fraud, intentional act, or where the negligence of the other person is so extreme as to be called reckless or willful and wonton disregard for human life. These damages are only awarded in extremely dangerous situations. Damages of this sort sometimes void insurance coverage.

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