Accidents occur every day, leaving behind a trail of destruction involving property damage and physical injuries for the victim. Very often, the aftermath of an accident requires a lot of finances to cover losses and move on with life. Unfortunately, not every person has insurance coverage to stand in the gap. Worse still, people are living in abject poverty, and suffering harm only worsens the case. So when they are injured, they are left at the mercy of friends, family, and well-wishers.
Fortunately, personal injury victims can file a claim for compensation. The law provides for a window within which accident victims must formally present their case for consideration. Normally, the statute of limitations runs up to two years. A personal injury attorney can help you with the technical aspects of your case, such as carrying out investigations, talking to witnesses, negotiating for a settlement, and interviewing witnesses.
The damages you can recover in a personal injury case are dependent on several factors, such as the severity of injuries suffered, the extent of property damages caused, and the effects of the accident on your family, as is the case with wrongful death.
An experienced League City personal injury lawyer can work with experts such as financial evaluators to determine the actual value of damages suffered. By doing so, your lawyer will take into account the extent of past and future losses when negotiating a settlement or filing a claim in court.
Major Types of Damages Available in a Personal Injury Case
Personal injury victims are liable to three major types of compensation depending on their case. However, it’s always in your best interests to discuss this with your personal injury attorney during consultations.
For example, punitive damages are awarded only when the jury or judge presiding over your case deems it fit to punish the defendant for their wrongdoing. Again, it’s only available in selected states.
Damages available in a personal injury case are:
Economic Damages
Economic damages refer to losses suffered by the injured party to which an exact monetary value can be attached. Normally, this type of damage is proven using bills, receipts, and any other provable document. For this reason, it’s always in your best interests that you safely retain and document every bill incurred that’s related to the accident where you were injured.
Economic damages include:
- Past and future medical costs
- Lost wages
- Lost financial benefits E.g. pension
If a loved one loses his or her life in the accident, the immediate family members or any other legally appointed party may file a claim for economic damages, such as:
- Burial/Funeral costs
- Deceased’s lost financial benefits
- Any other provable monetary loss
Non-Economic Damages
Not all damages suffered by the injured party are easily quantifiable into monetary terms. For example, there’s no accurate method of valuing emotional loss or post-traumatic disorders. However, you can recover these damages based on other related losses such as therapy and rehabilitation costs. Non-economic damages include:
- Pain and Suffering
- Emotional Anguish
- Loss of consortium
- Loss of parental care
- Loss of enjoyment of life
Punitive Damages
As we mentioned earlier, punitive damages are not meant to make you whole again, as is the case with economic and non-economic damages. They are meant to punish the defendant for their negligence and wrongdoing. Unfortunately, they are not available in every state, and only apply based on the jury’s recommendations.
How are Damages Calculated in a Personal Injury Case?
Determining the actual value of losses in a personal injury case is based on how well you can provide proof of damages. For example, you cannot value your lost wages to be $100,000 without evidence that this was the amount payable to you during the time you missed work. To prove this, you need to provide previous payslips and documents from your employer.
Your personal injury attorney will take into account every loss you suffered, whether huge or small, as long as it’s directly linked to the accident where you were injured. Working with a qualified attorney also allows you to get a professional review of your losses by a financial expert. This guarantees you maximum incorporation of all damages you suffered during and after the accident.
Team Up With Our Personal Injury Lawyer Today for Maximum Settlement
Weighing between filing a claim in court and negotiating a settlement with the insurance company can be difficult. It can be more challenging if you haven’t experienced the legal process before. To save you the hustle of proving your case and demanding maximum compensation, you should hire an attorney.
Our dedicated personal injury lawyers at Lone Star Injury Attorneys are ready to guide you through the steps you need to take to ensure that your case brings the intended results. We’re available 24/7.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
