Steven A. Bagen | October 22, 2024 | Personal Injury
An unexpected injury can significantly affect your physical, emotional, and financial well-being. When someone else was to blame, you have the right to seek compensation for the damages you have suffered.
Understanding what you can sue for in a personal injury case can be challenging, as it requires a thorough understanding of the law and the specific circumstances surrounding your case. Work with a personal injury attorney to identify all your losses and ensure you never accept less than you deserve.
When Do You Have a Personal Injury Lawsuit?
Personal injury lawsuits typically arise when you have suffered harm or injury as a result of someone else’s negligence or intentional actions. Some common scenarios where personal injury lawsuits may occur include:
- Car accidents: If you were in a car accident caused by another driver’s negligence, you may have a personal injury case.
- Slip and falls: If you have suffered injuries due to a slip and fall accident caused by a property owner’s negligence, you may have a personal injury case.
- Product liability: If you have been injured by a defective product, you may have a personal injury case against the manufacturer or distributor.
- Workplace accidents: If you suffered injuries on the job due to third-party negligence, you may have a personal injury case.
These are just a few examples, and personal injury cases can arise from other situations where negligence or intentional actions have caused harm. A personal injury attorney can determine if you have a valid personal injury lawsuit and what damages you may be entitled to.
What Can You Sue For?
When pursuing a personal injury case, there are different types of damages that you can potentially sue for. These damages compensate you for the losses and hardships you have endured due to your injuries. While a lawyer should always evaluate your specific losses, the main types of damages in personal injury cases include the following.
Medical Expenses
Usually, a significant portion of a personal injury case addresses medical expenses. This category includes the costs of all medical treatment, such as:
- Emergency transportation
- Emergency room and diagnostic care
- Hospital stays
- Surgeries
- Medications and medical equipment
- Rehabilitation and therapy
- Any other healthcare-related expenses you have incurred as a result of your injuries
Keep detailed records of all your medical expenses, including bills, receipts, and other relevant documentation, as these will be important in supporting your claim for compensation.
Estimated Future Medical Treatment Costs
In addition to current medical expenses, you may also be entitled to compensation for estimated future medical treatment costs. Serious injuries often require ongoing medical care, such as physical therapy, long-term medications, or specialized treatments.
The amount of compensation you can seek for future medical treatment costs will depend on the severity of your injuries and the prognosis by medical experts. An experienced personal injury attorney can determine a fair estimate for these future expenses and include them in your claim.
Lost Income and Lost Future Earnings
If your injuries caused you to miss work, you can seek compensation for lost income. Additionally, if your injuries have resulted in long-term or permanent disability that affects your ability to earn a living in the future, you may also be eligible for compensation for lost future earnings. To calculate lost future earnings, your personal injury lawyer and possible experts will consider factors such as your:
- Age
- Occupation
- Skillset
- Earning capacity before the accident
- Disability benefits
Physical and Mental Pain and Suffering
Personal injury cases also allow victims to seek compensation for the intangible, non-economic effects of their injuries. This includes:
- Physical pain and discomfort
- Ongoing pain due to injuries
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Permanent disfigurement or disability
Calculating pain and suffering damages can be challenging, as there are no set monetary values. An experienced personal injury attorney can assess the effects of your injuries on your life and determine a fair amount of compensation for your pain and suffering.
Property Damage
In certain personal injury cases, such as car accidents, you may also be entitled to compensation for property damage. This includes the repair costs or replacement value of your damaged property, such as your vehicle or personal belongings. It is important to gather evidence, such as photographs of the damage, repair estimates, or receipts, to support your claim for property damage.
Punitive Damages
In cases where the negligent party’s actions were particularly egregious or involved intentional harm, punitive damages may be available in a lawsuit. Punitive damages do not compensate for losses but punish intolerable conduct. These damages are not available in all personal injury cases and typically apply in cases involving gross negligence or intentional misconduct.
Obtaining Compensation Can Be Challenging – Consult a Personal Injury Lawyer
Seeking the compensation you deserve in a personal injury lawsuit can be a challenging process. Insurance companies and the responsible parties often try to minimize their liability or deny valid claims. That’s why you want a knowledgeable personal injury attorney advocating for your rights. They can gather evidence, negotiate with the insurance company, and, if necessary, take your case to court.
A personal injury attorney will have the legal experience and resources to calculate how much you should receive and build a strong case. They will present all necessary documentation to prove liability and losses, including medical records, accident reports, eyewitness statements, and expert opinions to support your claim for damages.
Furthermore, an attorney will handle all communication and negotiations with the insurance company, maximizing your chances of obtaining a fair settlement. If the insurance adjuster does not offer a fair settlement during pretrial litigation, your attorney can take your case to trial and present your case in court.
You do not have to settle for less than you deserve in a personal injury lawsuit. If you have received low offers without representation, it means you need a personal injury attorney negotiating for you. Better yet, hire your lawyer from the beginning of the process to avoid such challenges.