A personal injury lawsuit is a viable way for injured parties to recover damages incurred due to the action or inaction of another person. Depending on the type of injury you’ve suffered and its extent, you may be able to ask for several types of damages in your lawsuit. After you successfully prove that the other party was negligent and the other party’s negligence was the proximate cause of your injury, the court may award you damages in several different areas.
1. Medical Bills and Future Medical Care
Many plaintiffs in personal injury cases ask for compensation for medical bills. Even if you have health insurance to cover your treatment costs, you could still be out thousands after copays and deductibles. If the incident caused substantial injuries that are likely to require ongoing care, you may also be able to ask for money for future medical treatment and care.
2. Loss of Earnings and Future Earnings
In the wake of a serious accident, a victim is likely to lose at least a few days of work. In many cases, they may be out of work for weeks or months while recuperating. A personal injury suit can help victims get the money they need to replace their lost income and keep up with their financial obligations. If an accident causes lifelong injuries that are likely to impair your ability to work for the rest of your life, your attorney may also recommend asking for damages to cover loss of future earnings.
3. Physical Impairment or Disfigurement
If your injuries have left you wholly or partially disabled, we can seek compensation for physical impairment (also known as loss of enjoyment of life). Physical impairment damages are meant to compensate you for the ways in which your physical, mental and emotional injuries have made it impossible or less enjoyable for you participate in activities that you enjoy doing like hobbies and recreational activities like sports and exercising. Disfigurement damages compensate you for negative changes to your appearance as a result of your injuries such as loss of limbs, burns or scars.
4. Physical Pain and Suffering and Mental Anguish
In a personal injury lawsuit, we seek compensation for the past and future physical pain and mental anguish. For physical pain, the jury will consider the type of injury you suffered, the extent of your medical treatment, the intensity, frequency and duration of your pain, and the permanence of the injury. Mental anguish requires a high level of distress or a high degree of mental pain and suffering, which is beyond mere anger, embarrassment, fear, and disappointment.
5. Punitive Damages
While the other types of damages on this list are intended to make the victim whole after their injury, punitive damages are designed to punish the responsible party and deter them from similar actions in the future. Most personal injury cases do not involve punitive damages, as jurys often only award punitive damages if the defendant was intentional or malicious in their actions.
Did you suffer personal injuries as a result of someone else’s negligent or reckless actions? It’s important to seek legal counsel as soon as possible after an accident to begin building your case and gathering the necessary documentation. To get started, contact Wyly & Cook, PLLC and schedule a FREE consultation.
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