Damages are sums of money awarded in compensation for an injury or loss, and in personal injury cases, damages are awarded to the injured by the party responsible for the accident. Although it can be difficult to value physical harm, pain, and suffering, an experienced attorney (with the assistance of legal and medical professionals), can determine the available compensation for personal injury. A variety of factors may come into play, including the financial, physical, and mental repercussions of the defendant’s negligence. So if your life has been impacted due to the actions of another, be sure to explore all of the types of damages available to you.
Compensation for Personal Injury
Personal injury claims vary widely in type and severity. Common examples include cases regarding injuries resulting from motor vehicle accidents, slip and falls accidents, premises liability, dog bites, and product liability. To know what your claim is worth, your counsel will need to determine what your injury has cost you monetarily, physically, and mentally. Damages can be negotiated in a settlement or ordered by a judge or jury following a trial, and they may include one or more of the following types of compensatory damages:
- Medical Bills: This is the most common type of compensation awarded in a personal injury case. Damages may cover medical care associated with the accident, including reimbursement for treatment you have received and recompense for estimated future medical costs.
- Loss of Income: If your injury has impacted your income, you may be able to pursue damages for the money you have lost already and/or the money you will lose in the future as a result of the accident.
- Property Loss: Was any property damaged in the accident, such as a vehicle or clothing? If so, you may be entitled to reimbursement or compensation for the fair market value of the lost or damaged property.
- Pain & Suffering: The painful experience you suffered (during and/or after the accident) could qualify you for additional compensation. This can include physical pain and discomfort as well as emotional distress. For example, anxiety, humiliation, shock, fear, and sleep loss may be considered states of emotional distress. Note that some states separate damages for “pain and suffering” from “emotional distress.”
- Loss of Enjoyment: Your injury could prevent you from engaging in the day-to-day activities and hobbies that you once loved and enjoyed. If you can no longer enjoy hobbies, exercise, or other activities, you may be entitled to “loss of enjoyment” damages.
- Loss of Consortium: Loss of consortium typically refers to an impact on the plaintiff’s relationship with their spouse, but it may also refer to a relationship with a parent or child depending on the state. If the injury has affected the plaintiff’s relationship, they may be able to pursue damages for the loss.
In addition, some personal injuries are eligible for punitive damages. However, for punitive damages to apply, the defendant’s actions must be deemed significantly appalling or careless. Punitive damages are awarded on top of compensatory damages to punish the defendant for their negligence, and they may act as deterrents as well.
When you’re ready to pursue compensation for personal injury, contact Replogle, Tyrrell, & Robertson, LLC. Our full-service law firm has offices in Marshfield and Springfield, Missouri, and we are committed to providing our clients with legal expertise and exceptional service. Our attorneys have experience with a variety of personal injury claims, including motor vehicle accidents, product liability, “slip and fall” cases, boating accidents, and dog bites. Plus, we will not charge you anything until we win your case. To get started, please give us a call at 417-859-3979. We look forward to hearing from you.