Whenever you are involved in an accident that results in physical harm, you have the right to sue the responsible party for damages. Personal injury cases are often determined based on negligence, and the earlier you establish this, the stronger your case becomes. However, proving that another party was negligent in their actions is not a simple task. It requires collecting, preparing, and presenting various pieces of evidence. Unfortunately, due to your injured state during and after the accident, as well as your unfamiliarity with the legal process, you may struggle to effectively present your personal injury claims.
Therefore, it is advisable to seek the legal services of an experienced and dedicated personal injury attorney. Doing so will allow you to focus on receiving treatment for your injuries without unnecessary stress. It’s important to remember that there is a statute of limitations that determines the timeframe within which a claim must be filed. If this time limit passes, you may lose your legal right to pursue damages in a Pearland personal injury case, regardless of whether the other party was at fault or not. To prevent such a situation, always consult with an attorney immediately after being involved in an accident.
Damages refer to the monetary amount or value of a settlement offered to the plaintiff (injured party) when the defendant breaches their duty of care, resulting in injuries or losses. Typically, there are two main types of damages available in a personal injury case: compensatory and punitive damages.
Compensatory damages, as the name suggests, are intended to help the plaintiff recover the losses incurred from property damage or injuries. This type of compensation is further divided into two major categories: economic and non-economic damages, with each representing subcategories of recoverable losses from an accident.
Often referred to as special damages, economic damages are the losses suffered by the plaintiff that can be assigned a monetary value. Regardless of whether you have insurance or workers’ compensation, economic damages aim to assist you in recovering financially. Some injuries sustained in an accident can prevent you from working for weeks, months, or even permanently, leaving you reliant on your family and friends for basic needs. Economic damages are particularly useful when you incur out-of-pocket expenses as a result of the harm caused.
Common economic damages that you may recover with the help of an injury lawyer include:
Compensation for lost wages takes into account the number of days you missed work due to your injuries. Your employer may provide this information to your attorney, as it is crucial for maximizing your settlement. Any work contract between you and your employer prior to the accident must also be considered. For example, if you had a 10-year job contract worth $100,000 per year but the injuries incapacitate you from fulfilling your part of the contract, the negligent defendant may also be compelled to compensate you for this loss.
Non-economic damages are often referred to as general damages. These are losses directly suffered by the plaintiff, but they cannot be easily assigned a direct monetary value. Unlike economic damages, which can be supported by receipts, these losses lack a specific reference point. However, medical records can be used to help establish these damages.
Non-economic damages include:
Proving such damages may sometimes require the testimony of expert witnesses, such as medical professionals and psychiatrists. Your attorney may enlist their expertise when seeking compensation in a Pearland accident case.
Unlike economic and non-economic damages, which aim to restore you after an accident, punitive damages are awarded by the jury to punish the defendant for their misconduct. However, it’s important to note that not every case qualifies for punitive damages. To determine if you are eligible for a punitive damages award, please address this during your free case evaluation with a local personal injury attorney.
If you are filing a personal injury case for the first time, you may be unsure about the process. Our lawyers are readily available to assist you at your convenience. To obtain further information about damages in a Pearland personal injury case, please contact our attorneys online or call our office today..