Experiencing a personal injury can set you back significantly. Depending on the context, your injury might be painful, debilitating, or even life changing. You deserve compensation for all the expenses you’ve incurred as well as all of the losses you’ve suffered, but how exactly are these damages calculated, and how can you fight for them?
Talking to a Personal Injury Attorney
Talking to a personal injury attorney is the first step you need to take in any claim. Your personal injury attorney is going to work closely with you to better understand the nature of your claim, the scope of your injuries, and the extent of the damages you’ve suffered. They can help you understand your chances of winning in court, an estimate of the amount of compensation you might win, and the best strategies you can employ to put yourself in the best possible position.
Ideally, you’ll talk to an attorney as soon as possible after your accident. The more time you have to work together and the quicker you can act, the better the position you’ll be in.
Types of Damages You Can Win
These are some of the types of damages you can win in an average personal injury claim:
- Medical expenses. First, you’ll be eligible to be reimbursed for medical expenses. Hospital visits, regular appointments, the costs of prescription medications, and expenses associated with medical devices all qualify, though these categories aren’t limiting. You deserve to be compensated for any expenses you’ve incurred because of your injuries.
- Future medical expenses. This also extends into the future. Your lawyer and your medical professionals can help estimate future medical expenses you might incur because of these injuries, and fight to compensate you for them.
- Compensation for property damage. If any of your property was damaged or destroyed in the accident that caused your personal injury, you’ll be eligible for compensation for those, too. For example, if your car was totaled in a car accident that left you with several broken bones, the defendant will be responsible for replacing it.
- Lost wages. In many cases, a personal injury will leave you unable to work. You’ll likely be eligible for the replacement of lost wages for whatever time you missed.
- Lost earning capacity. You may also qualify for damages based on your lost earning capacity. If this injury has left you in a condition that makes it hard or impossible for you to work, you might be eligible for compensation for any earning capacity you might miss out on.
- Pain and suffering. In most jurisdictions, you’ll be eligible for pain and suffering damages as well. This aims to compensate you for the mental anguish and subjective suffering you experienced as a result of your injuries.
- Punitive damages. In very rare cases, a court may also impose punitive damages on the defendant. Instead of compensating you for an expense you incurred, this is mostly meant to penalize the responsible party.
Building a Stronger Case
So how can you build a stronger case and win more damages across these categories?
- Mitigate damages as best you can. It’s your responsibility as a plaintiff to mitigate damages as best you can. That means getting to the hospital as soon as possible after your accident, following all medical advice, and generally conducting yourself in a way to facilitate full recovery.
- Keep all your receipts. Always keep documentation of any expenses you incurred if those expenses are somehow related to the injury or the accident. You’ll have a much easier time getting compensation if you can prove what your expenses were.
- Document as much as possible. The more evidence and documentation you have about the accident and the injuries resulting from it, the easier it will be to prove your case.
- Work closely with your lawyer. Your lawyer is going to be your main advocate and representation in this matter. They’re a trained, experienced professional who wants to fight for you, so you need to trust and follow their advice as best you can.
- Prepare to negotiate. You’ll be negotiating with the opposing party to reach an agreed settlement amount. If you’re prepared to negotiate and you’re willing to remain patient, you can fight for a higher settlement.
- Be willing to go to trial. Most personal injury cases settle before trial. That’s because it’s in the interests of both parties to reduce expenses and accelerate the timeline. However, if you’re willing to fight this in a trial, you’ll put yourself in a superior negotiating position.
Suffering a personal injury is something that none of us want. But unfortunately, it’s something that happens to thousands of people on a daily basis. If you’re prepared for the types of damages you can win, and if you’re willing to fight for the damages you deserve, you’ll be in a superior strategic position to maximize your compensation.