Pursuing a lawsuit after being injured in a way that could have been avoided is often the best way to get the compensation you deserve. You might automatically assume the only damages you can seek are medical bills, but that’s not exactly the case. The following are some of the damages you could seek, depending on your personal injury case.
Medical Expenses
Most individuals realize they can seek medical expenses as damages in a personal injury case, but do you know how far that goes? Medical expenses don’t just include the immediate care after your injury. These damages also include ongoing medication you’ll have to take the rest of your life, future surgeries, future treatment, and a host of other health-related treatments. You could seek payment for hospital stays, prescriptions, an ambulance ride, emergency care, follow-up care, and a wide range of other medical expenses. You can recover these expenses for both past and future medical expenses.
Lost Wages
If you missed work while recovering from your injuries, you could seek lost wages. Sometimes you are unable to fully get back to work because of the severity of your injuries, and you can seek lost wages for that issue as well. Perhaps you have to learn a new skill to complete a job because you lost the function of your arms or legs. You could receive compensation to pay for that new training. You are entitled by law to receive both past and future lost wages that you are able to prove.
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Related to a claim for lost wages is a claim for what is called lost earning capacity. Lost earning capacity refers to the amount that you could have earned through promotions or advancements if the crash had not occurred. This can arise if you were planning and working toward a higher position that would have paid more than your current position. If you are able to prove that this loss is reasonable (usually through expert testimony), then you would be eligible to receive money for what you should have received in pay.
Pain and Suffering
There are a wide range of issues covered by pain and suffering. These include non-economic damages that can be assigned a dollar amount. It might include the physical pain you experienced at the time of the accident, any discomfort you’ve been in since the accident, and a variety of mental and psychological effects you’ve had to deal with. For example, if your accident was particularly traumatic, you might suffer from anxiety or PTSD. You could be compensated for the suffering, as well as for any costs therapy might require. You are eligible to receive both compensation for both past and future pain and suffering.
Inconvenience
Life is hectic, and most of us are stretched pretty thin to begin with. When you add the hassle factor of dealing with a crash and its aftermath, that could make matters unbearable in a number of ways. Things will become much more inconvenient for you, and the law says you are entitled to receive compensation for that hassle factor. You could seek compensation for these issues.
Disfigurement and Humiliation
Some incidents cause permanent injuries, and some injuries leave a lasting mark. That is certainly the case when it comes to scarring. Some scarring can be a constant reminder of the trauma that was endured, and that can increase anxiety and mental anguish that can result. Some scarring and disfigurement is unsightly and ugly, and this could lead to embarrassment and humiliation, especially if it results in facial or other visible disfigurement.
One Word of Note
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One of the main issues that arises in most personal injury cases is whether the injuries sustained by the injured party were actually caused by the defendant who caused the incident. The insurance companies who represent the defendant will try to claim that any injuries that resulted were actually pre-existing conditions that were caused by previous trauma or by degeneration. The insurance company and its attorney will act as if only individuals who had perfect health immediately before a crash or other injury causing incident should be able to recover anything.
The reality of life is that, over time, everyone gets little dings and injuries. That’s part of life. You very well might be able to go through life without any problems despite having those little injuries and conditions from your past. The law recognizes that the courthouse doors are opened for everyone, not just those who had perfect health before a crash or other incident occurred.
What’s important to keep in mind is the effect a new crash or incident has on your life. For example, let’s say that you had occasional back pain before an accident. You were able to get through it ok. You’d have to occasionally take some pain relievers and maybe get an adjustment from a chiropractor every once in a while. Then, after that, you’d be able to get through life just fine.
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But let’s say you are then involved in a car crash that caused a major exacerbation of that back pain. Now it hurts to get out of bed in the morning. It impacts your ability to sit at your desk. You cannot run or workout the same way you used to. Even though you might be able to go on a long hike with the family, you opt out because you know you will pay a very steep price for the next couple of weeks if you go with them.
The law recognizes that you have a baseline condition that has been made considerably worse by the event that happened to you. While the law will not make the wrongdoer responsible for what happened to you in the first place, it will hold the wrongdoer responsible for your new normal. That is really important for you to keep in mind if you have had health problems in the past that were made worse in a crash or other event.
If you are looking to find a personal injury lawyer in Charlottesville, Va, you could consider a firm like MartinWren, P.C. to help with your possible case. Call us today to schedule a free consultation.
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