If you have been injured in an accident due to the actions or negligence of another, you may be considering filing suit to recover damages. After all, you are entitled to the costs of your medical care, lost wages and the help needed to get you back on your feet. Many people, however, are confused as to how much they can get out of such a case. Learn your injury case worth, the elements that go into determining the value and what compensation you are entitled to receive.
Injury Case Worth
Your injury case worth depends on a number of factors. In such a case, damages and monetary compensation are paid out by the person responsible for the injury, and are either negotiated between the parties or mandated by the courts. Since every accident is different, it’s hard to put a hard value on your case until we talk with you. We can, however, educate you on the elements that go into personal injury. The two main types of damages awarded in such a case are compensatory damages and punitive damages.
As you might guess, compensatory damages are based on the money that it costs you to get better as well as the money you lose as a result of being injured. There are many types of compensatory damages, and depending on the nature of your injury, you could be eligible for one, a few or all of them:
- Medical Treatment: Any doctor’s care that is required for your recovery falls into this category, which is almost always part of the case and often forms the bulk of the award. This covers everything from doctor’s visits to prescriptions to surgery and rehabilitation.
- Lost Wages: If the injury keeps you from working, you are entitled to compensation not only for the wages you have lost but those you may lose in the future during your recovery.
- Property Damage: If the accident involves damage to or loss of property, such as vehicles, structures, clothing or any other valuables, you may be able to recover the market value of such property.
- Pain and Suffering: Pain and suffering can be one of the trickiest awards to value, but it relates to the discomfort and pain you suffer as a result of the accident and your recovery.
- Emotional Distress: Related to pain and suffering, emotional distress relates to emotional or psychological problems and stress that you suffer.
- Loss of Enjoyment: This is exactly what it sounds like—monetary compensation that arises from your loss of ability to enjoy life. If your injury compromises your hobbies, entertainment and recreation, you can be compensated.
- Loss of Consortium: This means that if you are married, you are unable to maintain a physical and emotional relationship with your spouse and family. It is also sometimes referred to as “loss of companionship.” In some cases, this award may be given to your spouse or family members.
Punitive damages refer to the monies awarded to punish the egregious, careless or incredibly irresponsible behavior of the defendant. They exist, as you might guess, to punish someone for behaving far out of line. While punitive damages can be awarded to you, they are awarded largely to send a message to the person responsible that their behavior is unacceptable.
Personal Injury and You
You have certain responsibilities in your case to make sure that you get all of the compensation to which you are entitled. If you are found to be partially responsible for the accident, for example, your award may be less. This is why it’s vital after an accident never to apologize for anything.
You also have a responsibility to seek treatment and work to get back on your feet. If the courts feel that you are not taking necessary steps to reduce future harm to yourself, your damage award could be lessened.
To avoid these pitfalls when injured, you should always seek the services of a qualified personal injury attorney. Peter Davis Law has had over $100 million awarded to our clients, and we are ready to put our expertise to work for you. Read about personal injury on our site and get in touch with us for a no-obligation consultation of your case today!