For a comprehensive list of the damages to which you’re entitled, contact a personal injury lawyer in your area to discuss your claim.
Types Of Personal Injury Damages You’re Entitled To
Personal injury attorneys fall into two categories: economic and noneconomic. In addition, there is a third type of damages, punitive damages, although they’re much less common.
Economic Damages
Economic or monetary damages cover anything that you can attach a price tag to. These include but are not limited to doctor bills, hospital bills, the cost of medication, fees for physical therapy, the extra care that you require, increased cost of transportation if you can’t drive, property damage, and lost wages. If you’ve been in an accident, you deserve to be made whole. Replacing money you’ve spent on these costs is the beginning of that process.
Non-economic Damages
If you ask nearly anyone who has been in an accident if they would be satisfied with just having their costs covered, the answer would be a resounding “no.” That’s because the physical pain, emotional anguish, and inconvenience of an accident far outweigh the monetary costs. This is particularly true when the accident causes permanent injury or death. For these intangible costs, personal injury attorneys use the term “pain and suffering.” This is not to be confused with things like mental health counselling fees, which are still monetary in nature. Instead, this is a premium added to your settlement for your pain, inconvenience, and grief.
Punitive Damages
Not all states allow punitive damages in a personal injury lawsuit and many of those that do set the bar substantially high. Punitive damages are meant to penalise the defendant for egregious behaviour that led to the accident.
Frequently Asked Questions about Personal Injury Damages
The following questions and answers come from personal injury law firms that handle accident claims. They are not, however, to be construed as legal advice. For legal advice concerning your accidental injury, contact a personal injury lawyer who handles accident claims in your area.
What are the damage caps in my state?
Unfortunately, there’s no one answer for this commonly-asked question. The damage caps depend on the laws of the state where you file your claim and often on the type of claim. For instance, some states have tighter caps for medical malpractice than on other types of claims.
What is the statute of limitations for civil lawsuits?
Again, like damage caps, the statute of limitations for civil lawsuits varies from state to state. Typically, the statute of limitations begins on the date of the accident. For wrongful death suits, the count starts on the date of death. With medical malpractice cases, it begins on the date of discovery of the condition caused by the alleged malpractice. Contact an attorney in your area to discuss the statute of limitations for your case.
What does contingency basis mean?
Attorneys who represent accident victims tend to work on a contingency basis. Most accident victims are struggling with an enormous amount of expenses after their accidents, so it makes little sense for attorneys to try to charge out-of-pocket fees. Most personal injury lawyers collect their fees when the case settles or is successfully litigated. In other words, they only receive payment if they win.
What should I do if I’m injured in an accident?
First and foremost, you should get to a place of safety and seek medical attention. You can document the scene of your accident by taking pictures or videos. Retain the names and contact info of witnesses. Finally, you should contact a personal injury lawyer. Do not accept an insurance settlement or make a statement to an adjuster before speaking to a qualified personal injury lawyer about your claim.
