What Are Damages, and Who Pays for Them?

If you have been involved in a car accident or have experienced a personal injury, you may be wondering what all counts as damages that you can claim for compensation. There are many different damages that should be considered, and a few different categories that they fall into. It can be difficult to decipher just how much the total damages cost without legal assistance, however. If you find that you need representation and additional guidance on how much compensation you are owed for your accident or injury, reach out to our team and let us know what we can do for you. In the meantime, check out this list of some of the most common damages we see claimed in personal injury and car accident cases.

Medical Expenses

Injuries that result from a car accident, or a personal injury that you experience, can all range in severity and impact. Whether it is a minor bother, such as some cuts, scrapes or bruising, or a major life-alteration such as partial to full paralysis or disability, you deserve fair compensation for what you have suffered. When involved in a car accident or personal injury case, it is imperative that you seek immediate medical care, and continue to do so until your doctor ceases your treatment.

There are many different medical expenses that can occur with a personal injury or car accident. Not only should you consider the initial cost of treatment, but you should also take into consideration your physical or mental therapy; consultations and appointment copays; medical equipment you now require the use of, such as crutches or wheelchair; disability; in-home care, such as home health aides or cleaning services if you are no longer able to take care of your own home due to your injury; and more.

Pain and Suffering

In addition to your medical expenses, you can gain compensation for the mental, emotional, and physical distress that you experience as a result of your car accident or personal injury. This compensation can be difficult to put a number on, since it is determined by the severity and king of injuries you have endured, the level of pain you experience, and your doctor’s evaluation of what the future of your injury holds. If your accident or injury has resulted in mental or emotional strife, such as chronic anxiety, stress, depression, insomnia, or more, you may also be entitled to compensation for that.

Lost Wages

Quite often, a car accident or personal injury will affect your ability to continue working, whether temporarily or permanently. If you lose wages due to medical appointments, therapy sessions, hospital stays, or other scenarios related to your accident or injury, you may be able to claim these wages as damages. If your ability to work has been altered significantly as an outcome, you may be entitled to claim future lost wages as well.

Loss of Affection/Companionship/Consortium

In some circumstances, a car accident or injury devastates your personal life. If it results in an inability to show affection or prohibits intimacy within your marriage, you may be able to claim this lowered enjoyment of life as damages as well. In addition to the individual involved in the car accident or personal injury case, the spouse may also make these claims.

Who Pays?

In order to receive compensation for any of the damages discussed, liability and fault must be proven in your personal injury or car accident case. (Learn more about Determining and Proving Fault HERE) If it cannot be declared with certainty that the liable party is guilty, you may not see compensation for any of your claimed damages. Sometimes settlements are reached without declaring liability or guilt, however, sometimes cases may need to be settled in court. (Learn more about Settlements Versus Court Trials HERE) In either scenario, it is optimal to have legal representation. If you have been involved in a car accident or have experienced a personal injury, contact our legal team today. Get BETTER with BLANK. Better Health. Better Communication. Better Representation. Better Compensation.

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