When you’ve been injured due to someone else’s careless acts, you can file a personal injury claim to recover compensation. The awarded sum you receive is intended to help you become whole again after a car accident, slip and fall, dog bite, or another incident.
With the help of personal injury lawyers, you have a better chance of receiving fair compensation for all of your damages. Here’s what you need to know about personal injury compensation when filing your claim.
Compensatory damages refer to the money you can receive from a personal injury claim or lawsuit to compensate for the financial losses or expenses you’ve incurred from your injury. They include economic damages, which can be calculated to the exact dollar amount from receipts and bills.
Non-economic damages, such as pain and suffering, are also a part of compensatory damages. As they have no inherent monetary value it is harder to prove them without legal representation.
Depending on the type of personal injury accident you’ve endured, you may be entitled to compensation for some of the following economic and non-economic damages:
Personal injury compensation generally includes the cost of your medical care. You’ll be compensated for what you’ve already spent on medical treatment for your injuries and given an estimated amount to cover the future costs associated with them.
For many injury victims, it is impossible to return to work immediately after the accident. Some victims may never be able to work again. Lost wages could be included in your compensation if you had to take time off from work or accept a reduction in wages if you had to take a different job than the one you had before the injury.
Additionally, you can receive compensation for a loss of earning capacity. This is calculated by finding the difference between what you would have earned for the rest of your working years and what you will now earn due to the accident.
In car accidents, it is common to receive compensation for the damage of your property. If your vehicle can be repaired, those costs will be compensated. If it is totaled, you will get compensation at the fair market value.
Emotional distress is a non-economic damage that you may suffer after an injury. You may experience anxiety, fear, sleep disturbances, or post-traumatic stress disorder following the accident.
One day, you’re enjoying life, and then you’re in an accident that puts you in the hospital. Maybe you played sports with your kids in the yard and will no longer be able to do so again. Perhaps you lost the use of your hands and can no longer play guitar to relax. If you have been injured to the extent that you lose the capacity to do the things you love, you may be eligible to seek compensation for loss of enjoyment of life.
In the state of California, compensatory damages are not capped in personal injury lawsuits, with the exception of medical malpractice cases. For medical malpractice, there is a cap of $250,000 for non-economic damages.
For all other personal injury cases, there is no maximum amount for an award. If your case goes to trial, the judge and jury will decide what is fair compensation. The best way to get the proper amount is to ensure you’ve got an experienced personal injury attorney handling your case.