If you have been injured in an accident through no fault of your own, you may be feeling confused as to what comes next, taking care of your injuries, and hoping not to lose your job. You need that income now more than ever to cover the flow of expenses that your injuries seem to create. You have started considering talking to a personal injury lawyer but are unsure what to expect and what damages are available in a personal injury case. Read on to find out more about what damages you might be awarded.
Who determines the exact amount of a personal injury award?
You and your lawyer may have put together a list of damages that you are expecting to receive. However, the last word on the precise amount is determined on a case-by-case basis by a jury. If the award is deemed to be either too high or excessively low, a court may review it without the need for a new trial or an appeal.
What types of damages may be included in a personal injury claim?
Damages are classified as economic, non-economic, or punitive. The reason for assigning a dollar amount to your injuries is that you can be restored physically and financially, and emotionally.
Economic Damages
After being in an accident and suffering injuries, your economic damages might include:
Medical Expenses
An injury may require doctor's visits, hospitalization, surgery, rehabilitation, prescription medications, and more. Also, you may include future medical expenses if you know you will still require medical attention in the future, in some cases, for the rest of the victim's life,
Costs of Adjusting to a Disability
Should your injury result in a permanent disability, you may need to adapt your house to allow for a wheelchair or other in-home care needs.
Lost Wages
If you have been unable to go to work or have even lost your job, your award may include an amount to cover the wages lost now and in the future.
Repair or Replace Your Property
If you were in a car accident and your car was damaged or totaled, that amount can also go into your damages. Property, in this case, is valued at its fair market price at the time of injury.
Funeral Expenses
Some accidents do end up in someone losing their life. If that is the case, funeral expenses may also be added.
Non-Economic Damages
These damages are much more challenging to quantify since they cover such items as pain and suffering, loss of consortium, or economic distress. The jury may conclude as to the appropriate amount to award victims for non-economic damages. It may depend on the severity and extent of the injuries and whether they are expected to be permanent.
Punitive Damages
This last type of damages is not awarded in every personal injury case. They are reserved for cases where the actions carried out by the defendant are determined to have been particularly harmful. They are a way to punish the defendant for their negligence and discourage others from acting the same way.
If you have suffered injuries in an accident and are considering filing a personal injury lawsuit, talk to an expert team of personal injury lawyers.
