What types of damages are in a personal injury case?
What types of damages are in a personal injury case?
You were driving when another car crashed into yours. Now, you’re dealing with an injury and you don’t know how long it’s going to take you to recover. What are the damages in personal injury cases, and what kind could you claim?
Calling a personal injury lawyer at Haug Law Group is your best bet. However, doing some research on your own through Haug Law Group’s Personal Injury Legal Definitions and Terms page could help you, too.
Specifically learning about the damages will be beneficial as well.
What damages apply in a personal injury case?
There are a number of damages that might apply to your case. They could include:
- Medical expenses
- Property loss
- Lost income
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
In terms of medical expenses, this could include any treatments and/or surgeries you had to undergo, consultations, prescription medicine you needed to take, and anything else required to get better.
Property loss would include your car if it was damaged in a car crash, along with other personal belongings you had on you at the time of the accident.
Pain and suffering is a non-economic damage that your lawyer calculates for you. It would apply if the injury caused you emotional and physical stress. You may have experienced depression, aches, and temporary or permanent limitations on activities you used to enjoy before your injury.
Emotional distress could include mental suffering or anguish you experienced as a result of your accident. Loss of consortium means that you are deprived of the benefits of a spousal relationship because of your injury.
How much will your settlement be?
A personal injury lawyer cannot predict how much your settlement is going to be. What they may be able to do is tell you how much damages in personal injury cases they won similar to yours.
Your lawyer won’t charge you anything unless they win, which means they only accept cases they believe they can win. When you win, they will take out their commission. If you went through their network of providers for medical care, they’ll take out what is owed to the providers as well. The rest is yours to spend as you please.
Steps To Take After Your Accident
After an accident, you need to take certain steps to ensure your personal injury claim is successful.
If you were in a car accident, pull over so you’re out of harm’s way. Then, ask the other driver for their name, phone number, and insurance company and policy number. Make sure you take a photograph of their car and license plate number. You should call the police as well.
If the driver tries to offer you money so that you won’t call insurance, don’t take it. It won’t be enough and you won’t be able to pursue a larger settlement later on.
Whether you got into a car accident or any other type of accident, you need to collect witness statements from anybody who saw what happened. If there were any video cameras around, note their locations so that you can get the footage. Take photographs of your injuries and damage to your personal belongings. Then, go to the hospital to treat your injuries.
Even if you don’t feel like you’re injured, you never know what could be happening internally. That’s why it’s important to get a full check-up with a doctor including X-rays and other tests. Medical records are always helpful when pursuing damages in personal injury cases.
Additionally, it’s critical to go to the hospital immediately because if you don’t, the defendant’s insurance company could say that something else caused your injury. Even though it’s not the truth, they’ll try to do anything to get out of paying you a proper settlement.
When the defendant’s insurance company does call, you don’t need to answer their questions. Don’t mention your injuries. You can confirm that the accident occurred and when and where it happened, but beyond that, you don’t need to talk. They might try to pressure you to talk so they can blame the accident on you, but there’s nothing at stake if you stay silent or tell them you have to go.
It’s best to call your personal injury lawyer so they can start pursuing damages.
Why should you call a personal injury lawyer?
A personal injury lawyer will be your advocate in your case. They negotiate with insurance companies to get suitable settlements to cover damages in personal injury cases. You won’t have to spend precious time fighting with the insurance company when you should be focused on getting better.
If your personal injury lawyer tells you a settlement that isn’t enough, you can always ask them to renegotiate for you. Rarely do these cases go to trial because insurance companies and defendants don’t want to waste time and energy in court. They’d rather settle and not take any chances, because if you go to court, they might end up owing you much more money.
When you’re ready to call up a personal injury lawyer, Haug Law Group is available to represent you. Once you have your initial consultation, we’ll let you know what proof we need and how we’ll go about getting you the settlement you deserve. Don’t hesitate: contact us today to get started.