What damages can be claimed in a personal injury case?

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You can claim personal injury damages after a car accident.You were driving one day when another car suddenly rear-ended you. Or, perhaps you were walking in a store when you slipped and fell. Now that you’re facing medical bills, a loss of income, and other costs, you’re wondering if you are eligible to claim personal injury damages.

It is entirely possible to retrieve damages – all you have to do is take the right steps following your accident.

Here are the damages you may be able to receive with the help of a personal injury lawyer like Rafi Law Firm. And remember, you can always learn more about these damages and other Personal Injury FAQ on our website, and then call us for a free consultation.

 

Medical Costs

The most obvious damages you may be paying for are medical bills. You could receive compensation for your trip to the emergency room following your accident, other doctors’ appointments, medications, and any other medical services rendered. When it comes to your medical bills, you can cover them with insurance or use a medical lien to pay for them until you get your settlement.

 

Damage to Your Car and Personal Belongings

If you experienced property loss, such as damage to your car or other belongings, then you could claim them as personal injury damages as well. You could receive reimbursement for repairs or money for the fair market value of the damaged property. 

 

Loss of Income

How much treatment and recovery time you need depends on the severity of your injuries. You might have to take only a few days off from work, or you may be out of work for the next several months or years. 

You could claim a loss of income and include any future earnings and bonuses if you were seriously injured. For example, if you have a traumatic brain injury, that could cost you hundreds of thousands of dollars in medical bills and you may not be able to return to work. 

Your personal injury lawyer will calculate the loss of income for you to ensure you’re covered.

 

Pain and Suffering

If you experienced any pain and suffering as a result of your accident, then this could be included in your damages. A personal injury lawyer will take care of this since it’s difficult to determine exactly how much your pain and suffering is worth. 

For example, if you got into a car accident where your legs were injured and you’re a professional dancer, that’s going to take a toll on your mental and emotional health.

In evaluating the plaintiff’s pain and suffering, consider the following factors, if

proven: interference with normal living; interference with enjoyment of life; loss of capacity to labor and earn money; impairment of bodily health and vigor; fear of extent of injury; shock of impact; actual pain and suffering, past and future; mental anguish, past and future; and the extent to which the plaintiff must limit activities

 

Punitive Damages

If the defendant behaved in a way that was dangerous and grossly negligent, you could claim punitive damages in your personal injury damages. For instance, maybe a store put scaffolding outside but they failed to properly secure it because the property manager didn’t want to invest in the right materials. They could be held liable for punitive damages.

 

Loss of Enjoyment

Included in pain and suffering, many forget the loss of enjoyment in their lives due to injuries of an accident. If your injury prevents you from enjoying your hobbies and other everyday activities, you may be able to claim loss of enjoyment as well. For example, if you broke an arm and it prevented you from surfing, a hobby you engaged in every morning, let your lawyer know.

 

What To Do After an Accident

To ensure you’ll be able to receive proper compensation, it’s critical to take a few steps following your accident.

First, if you’re in a car accident, call the police so they can take a report of what happened. Then, collect evidence that will support your case. This means taking photographs of the scene as well as your injuries and damages to your car and other belongings. 

Gather witness statements from people who saw what happened and get the other driver’s information like their name, phone number, car make, model, and license plate number, and their insurance company and policy number. 

If you were in another type of accident, then you’ll still need to collect evidence and get the defendant’s information.  

Then, go to a hospital to get treatment, including a full check-up, X-rays, and possibly an MRI. Tell the doctor about any pain you’re experiencing, and follow their guidance on what to do about it. For instance, take the medication they prescribe and go to specialists they refer you to.

If the defendant’s insurance company calls you at any point, don’t give them too many details about what happened in the accident or accept their low settlement. They aren’t looking out for your best interests.

Instead, the best course of action is to call a personal injury lawyer as soon as possible and give them information about what happened.

Your personal injury lawyer will negotiate with the defendant’s insurance company to get you the highest settlement possible for your personal injury damages. This way, you can focus on getting better and pay all your bills.

If you’re ready to pursue damages after your accident, get in touch with Rafi Law Firm today. We will provide you with a free consultation, and you won’t pay anything unless we can provide you with a settlement. Call Mike at 404-948-3311 or send us a message now to get an experienced lawyer on your case. 

 

2021-02-09T17:01:11-05:00