You might not be aware of the various types of damages you can pursue in a personal injury lawsuit. If you fail to seek compensation for each type of damage, you will not be able to obtain all the compensation you deserve. Here are the ten different kinds of damages that you can claim in a lawsuit. Most damages are divided into economic and non-economic.
1. Medical Bills
When speaking to any phoenix arizona personal injury lawyers, they’ll tell you that one of the most common forms of damages is payment on medical bills. Medical expenses are a major concern following a car accident or any other personal injury case. These costs can encom various types of expenses, including:
- Cost of ambulance or emergency medical services
- Visits to the doctor
- Medications
- Surgeries or operations
- Physical therapy appointments
- Home health care expenses
If you are experiencing a persistent disability due to your injuries, it is important to take into the expenses associated with ongoing treatment for the entire period of your disability.
2. Property Damage
You are entitled to seek compensation for any property that has been harmed as a result of someone else’s negligence. This may encom the expenses related to your vehicle or motorcycle, in addition to any other personal belongings that were affected.
3. Out-of-Pocket Expenses
You might have to bear extra costs associated with your injuries that you will need to cover yourself. This may encom any of the following categories of expenses:
- Transportation to doctor’s appointments
- Childcare
- Costs of wheelchairs or other medical equipment not covered by insurance
- Housekeeping services
These costs need to be both justifiable and essential. Additionally, they should be connected to your injuries or the treatment of those injuries.
4. Pain And Suffering
Experiencing pain significantly detracts from your overall quality of life. Compensation for pain and suffering is intended to address the hardships you endure during this time.
The extent of damages you can claim for pain and suffering will be influenced by the intensity and length of your injuries. In cases of severe injuries leading to lasting disabilities, the compensation for pain and suffering could exceed your economic damages.
5. Loss Of Earning Capacity
Severe injuries can alter the course of your entire career. You might find it impossible to return to the profession you have dedicated years to training for, which can affect your future earning potential.
If you are unable to work at all, you may have to seek compensation for the loss of earning capacity throughout your career. Even if you need to switch professions, you could still face a considerable reduction in earning capacity.
For instance, consider a well-paid electrician who sustains a serious back injury and is unable to carry out the job responsibilities he was trained for. While he may find a sedentary position, he will still suffer a decline in future earning capacity due to the lower salary he now receives.
6. Lost Wages
You may have lost significant time at work due to your accident. Hospital visits or injuries could have hindered your ability to work.
Keep a record of every hour of work you miss. You might require a letter from your employer to substantiate your claims, along with evidence of your current pay rate.
7. Mental And Emotional Distress
Certain individuals may suffer from post-traumatic stress disorder (PTSD) or other psychological issues following a serious accident. This can result from the nature of the accident or the psychological strain associated with coping with significant physical injuries.
You will need to provide evidence to your claim for these damages. This can be achieved through a psychiatric diagnosis of PTSD or other mental health conditions, along with additional medical documentation that illustrates your symptoms.
8. Loss Of Companionship
Damages for loss of consortium or companionship may be applicable if you have lost a loved one due to an accident. Additionally, you can seek these damages if your spouse has sustained such severe injuries that the dynamics of your relationship have been altered.
9. Loss of Enjoyment or Loss of Use
Loss of enjoyment damages pertain to activities or experiences that you can no longer engage in because of your injuries. For instance, severe injuries might hinder you from horseback riding, golfing, or taking part in various other leisure activities that bring you joy. The extent of these damages will vary based on your individual injuries and the specific activities you are unable to continue.
Loss of use damages may provide compensation for the inability to use a limb or another body part. The amount of these damages can be influenced by which body part is affected and whether it has lost its functionality either partially or completely.
10. Punitive Damages
Punitive damages are rarely granted in personal injury cases. These damages serve to penalize a defendant rather than to compensate the victim of an injury.
Negligent actions by themselves do not justify a claim for these damages. Rather, Florida law mandates that there must be a determination of intentional wrongdoing or gross negligence for punitive damages to be granted.
How To Request Compensation For Damages
Typically, you will need to submit a demand letter to the insurance company of the party at fault in order to seek compensation for your damages. In this letter, you should detail each damage and specify the amount you are requesting for each category. Should you decide to file a personal injury lawsuit, your claim for damages will be included in your legal complaint.
Keep in mind that shared responsibility may influence the compensation amount you receive. Depending on the state where your injury occurs, there might be what is called modified comparative fault law. This means that if you hold partial responsibility for the accident that resulted in your injuries, you are eligible to seek compensation as long as your degree of fault is 50% or lower; if your level of blame sures 50%, you will be prohibited from obtaining any compensation. Be sure to speak to your attorney to see what titles you might be entitled to.
