Personal injury cases are among the most common cases filed in courts in the United States. People get injured in different accidents, and the effects of these accidents can be catastrophic for the victims. Unfortunately, many of these accidents are preventable and result from negligence.
The process of receiving compensation in a personal injury lawsuit is complicated. That is why you need an expert by your side. Professionals, such as accident lawyer John Yannone, help personal injury victims get the compensation that they rightfully deserve. With the right legal representation, you can navigate the complexities of your case more effectively and increase your chances of a favorable outcome.
Types of Personal Injury Cases
There are different personal injury cases. Some of them include:
- Product liability claims: A person can file this type of claim if they were injured due to the use of a defective product.
- Auto accident claims: Where a person experiences injuries from a car accident caused by another’s negligence, they will be entitled to compensation.
- Medical malpractice: Healthcare providers sometimes make mistakes that can worsen the condition of their patients. Once the patient is able to prove that the doctor was negligent, they will be entitled to compensation.
- Wrongful death: A person’s negligence can result in the death of another. The victim’s loved ones are entitled to compensation.
- Slips and Falls: Property owners are required to ensure the proper maintenance of their properties to prevent people from tripping and getting injured. When a person falls on public or private property, the fall can be attributed to the owner’s negligence, and the victim may be entitled to compensation.
Compensation for Personal Injury Cases
If you have filed a personal injury case, you may wonder about the compensation you can get. Here are some things that can be included in your claim:
Compensatory Damages
This type of damage is available in every personal injury case. It is awarded to reimburse the victim for costs associated with the injury sustained. The following are examples of compensatory damages:
- Medical expenses: One can be compensated for expenses incurred in treating the injuries sustained. Some of the costs covered under medical expenses include surgery and lab tests, rehabilitation, physical therapy, hospital stays, medical transportation, and at-home caretaking. While calculating medical expenses, one should also take into consideration future costs that may be incurred, especially in cases of prolonged recovery.
- Cost of repair or replacement for damaged property: With the help of an experienced accident lawyer, one can get compensation for the repair and replacement of damaged properties resulting from the other party’s negligence.
- Lost wages: Accident victims may take a while to recover fully. This prolonged recovery time may necessitate taking a leave from work. Also, one may experience a reduction in their earning capacity in the long run. This is especially true if the victim suffers a long-term disability.
- Pain and suffering: Injuries are usually associated with physical pain. Some victims may also suffer emotional and psychological pain ranging from Post-Traumatic Stress Disorder (PTSD) and depression. One can, therefore, receive compensation for the pain endured.
- Loss of companionship: In a situation where the victim dies due to negligence, their loved ones can file for compensation for loss of companionship.
- Lower quality of life: Many victims who suffer personal injury may not enjoy the same quality of life before the accident. Such people can get compensation for the loss of quality of life.
Punitive Damages
Punitive damages, unlike compensatory damages, are not awarded to compensate the victims for injuries suffered but as a punishment to the at-fault party. The decision to award compensatory damage is entirely the decision of the court.
Where the court believes that the compensatory damage awarded to the victim is insufficient to deter the defendant from making the same mistake again, it can award punitive damages. If the court has sufficient evidence to believe that the at-fault party acted maliciously, leading to the injury, the victim will be awarded compensation.
Claiming Compensation for Personal Injury
Working with a qualified personal injury lawyer is vital to getting compensation for injuries suffered. Insurance companies naturally do not want to pay compensation for injuries and, therefore, look for ways to avoid liability.
Although one can get compensation without a lawyer, working with an experienced attorney is always a good idea. A lawyer understands the process involved and helps you gather facts to prove your case in court.
Bottom Line
Personal injury lawsuits allow the victim to get compensation for the injuries suffered. However, to be awarded a claim, one must prove negligence. It is vital to work with a competent personal injury attorney to get the compensation you deserve and prove the negligence of the other party.
