Personal injury laws give victims a legal pathway to seek financial compensation for the injuries they have suffered due to the carelessness or negligence of another party. If a person was injured in a car accident or suffered from a fall or slip, he can hold the other party responsible and seek compensation for the inconvenience caused which can be monetary or emotional.
In such a case, a personal injury attorney in Portland like Johnston Law Firm, may help victims. In most of these lawsuits, the money you get for the damages is determined by the proof and situation of your case.
Common Damage in Most Personal Injury Cases
The financial losses suffered by the victim are referred to as economic damages. It can include any costs associated with an injury that the victim suffered from. Bills that third parties bear for the accident may potentially be considered economic damages.
Let’s go through the seven types of damages you may sue for if you were hurt in an accident. Since every case is different, your damages may not include all of the ones mentioned here. In a personal injury case, any extra damages can also be included. In most personal injury cases, there are seven categories of damages:
1. Expenses Reimbursement and Medical Bills
You are eligible for full compensation for any reasonable medical care you received in most personal injury situations. Doctor’s bills, operations, hospital fees, physical therapy, and other medical bills are examples of medical expenses.
The cost of drugs, medical supplies, and medical equipment is also included. To guarantee that you obtain full reimbursement for all medical expenses, meticulous documentation is necessary.
2. Compensation for Loss of Benefits and Income
Any lost wages are also compensated. If you were not able to go to work because of your injuries, the defendant will compensate for that. Whether you are a salaried employee, wage worker or self-employed, it doesn’t affect the compensation.
Commissions, incentives, and other perks are also included. Victims who suffer lasting impairments or disabilities may be eligible for future income loss compensation. There can also be instances where you are not able to work the complete hours as you did before; you can add a claim for injuries linked to decreased earning capacity.
3. Property Loss
Personal injury claims can involve property damage. Most of the property damage claims are settled early in the case. Vehicle damage caused by a traffic collision is the most prevalent form of a property damage claim.
If an accident has damaged any of your personal property, you can include the cost of repairs or the item’s value (if it was a total loss) in the claim of your property damage. For instance, you might mention the worth of your cell phone if it was damaged in a traffic accident.
4. Expenses Not Covered by Insurance
Depending on your circumstances, extra financial losses may be included in your personal injury claim. Other economic losses that may be mentioned in damage claims include:
- Personal care expenses, such as bathing assistance, home tasks, cooking, and so on.
- Costs of in-home health care
- Expenses for reaching doctor’s appointments
- Because of a persistent handicap, you may need to make changes to your house or car.
- Prosthetics or specialized medical equipment
Keep meticulous records of any expenses or fees incurred as a result of the accident. To include the sums in your settlement claim, you must have proof of any economic losses.
Non-Economic Damages Can Also Be Severe, Let’s Name Them a Few
The suffering and pain that an accident victim tolerates as a result of the accident and injuries are included in non-economic damages. Since each individual suffers differently, these harms are subjective. It is always difficult to evaluate the pain that one has experienced.
Examples of non-economic injuries as a result of a personal injury are:
5. Damages from Suffering and Pain
Physical pain and discomfort are included in pain and suffering damages. It also covers your mental agony and emotional discomfort. Embarrassment, anxiety, sadness, and Post-Traumatic Stress Disorder (PSTD) are all examples of psychological disorders.
6. Disabilities and Permanent Impairments
A person can get compensation if suffered from an unbearable condition, deformity or even scarring. The degree of the disability is evaluated before deciding on compensation.
7. Loss and Affected Quality of Life
Permanent disabilities can have a major impact on your quality of life. A person who suffers spinal cord damage in a motorbike accident, for example, may become paralyzed. A traumatic brain injury while working on a construction site can result in cerebral, physical, and emotive problems.
These people would be unable to participate in the same activities and have the same level of freedom as they did before the accident. If such effects are proved, they are eligible for financial compensation.
Evaluating the Worth of Damages in Personal Injury Case.
A variety of parameters determines the worth of your personal injury claim. Following are some elements that can impact the value of your claim:
- Your injuries’ nature and severity
- Those who are involved in the lawsuit
- Your overall financial losses
- Whether you have a long-term disability
- The insurance coverage
- Whether you were a player in the accident
All the monetary damages in case of an accident are collectively called the financial damages. Emotional damage and suffering are hard to calculate. Non-economic losses are commonly calculated by multiplying total economic damages by a number between 1.5 and 5.
The multiplier is determined by your injuries as well as other aspects of the case.
When it comes to resolving a personal injury claim, an insurance company will always try to pay the least amount feasible. It will try whatever steps at its disposal to limit its liability for your claim.
Insurance companies employ various methods to undervalue damage claims, which experienced personal injury lawyers are aware of. They also know how to maximize the worth of your claim by utilizing the evidence in your case. An attorney may hire medical and financial experts to provide expert testimony on the scope and amount of your damages, including future damages if required.