If an individual is injured due to negligence or intentionality, you can pursue a damages claim through tort laws. If the defendant cooperates with you, you can settle the case out of court, but if they are resistant, you can receive your compensation through a lawsuit.
This piece will enlighten you on your options and how to value your case. You will also understand the damages that courts award plaintiffs.
Types of Personal Injury Compensation
The aim of a personal injury claim is to receive the compensation you suffered from the other party’s negligence or intentional hurt. In some cases, you can get more than what you budgeted for. Below are types of personal injury compensation that you can lay claim to:
Economic Damages
When an individual hurts you, you suffer financial losses. You receive compensation for repayment of these damages in the form of “economic damages.” Calculating the economic damages you will receive is relatively simple since you can quickly gauge the actual amount you lost.
- Economic damages include compensation for the following:
- Medical expenses you incurred due to the harm you suffered
- Future medical expenses for permanent injuries or needed care after resolving the case
- Lost earnings for missed work time and vacation or sick days you took because of the injury
- Damage to or loss of property because of the injury
- Future lost wages for inability to work or grossly impaired ability to work because of the injury
- Other financial losses you suffered because of wrongful or negligent actions
You can work closely with experts, evaluate your medical expenses, and assess your paychecks to determine your financial losses.
Non-Economic Damages
You can also claim compensation for other losses that affect the quality of your life. For instance, your injury can lead to mental and physical pain and affect your ability to participate in some activities, such as the inability to ride a bike because of a leg injury. The law allows you to receive injury compensation for this form of loss.
You can also receive payment for emotional distress, loss of companionship, and disfigurement.
It is often complicated to calculate this form of damage. Insurers use strategies like the multiplier principle or per diem to determine how much an issue should be worth.
The multiplier method multiplies the victim’s economic damages by a given number, depending on the severity of the injury. The per diem style pays the victim a given amount for past and future days involving the injury.
Working with an experienced personal injury lawyer is advisable not to shortchange yourself in this regard.
Punitive Damages
If a defendant’s action surpasses mere negligence, your injury compensation may include punitive damages. These damages usually include reckless disregard for safety protocols or an intentionally harmful act.
The essence of punitive damages is to punish the defendant for injuring you. The court considers the severity of the defendant’s actions to determine their punitive damages.
Wrongful Death Damages
When an individual kills another because of their intentional wrongdoing or negligence, they face wrongful death damages. The deceased’s spouse or any other close family member can file this claim.
The defendant pays for the deceased’s medical expenses before death, their funeral and burial bills, pain and suffering experienced from the harm before death, and loss of financial responsibilities from the dead.
It also includes emotional distress and mental pains the surviving loved ones are going through and loss of consortium for the survivors.
Setbacks on Injury Compensation
There are limitations on the amount you can expect to collect in injury compensation in some instances.
Tort Reform Limits on Injury Compensation
Some jurisdictions have implemented tort reform laws that limit the amount a victim can receive as compensation in some injury claims. For instance, they may cap punitive and non-economic damages.
Specifically, many states have embraced tort reform in medical malpractice cases to limit physician liability to reduce healthcare expenses.
Insurance Policy Limits
In different instances, the victim will be dealing with an insurance firm that will pay out compensation for their harm. It could be a car, business liability, home, or malpractice insurer.
Insurance outlets have policy limits for liability claims. Although the victim can pursue a claim beyond the policy limit, the insurance company will not pay the excess. It means you will slug out the remainder with the defendant, which can be difficult in many instances, especially if the defendant lacks a meaningful source of income or assets.
How to Claim Personal Injury Compensation
If you are a victim of an individual’s intentional wrongdoing or negligence, speak with an experienced personal injury attorney immediately. The legal expert will help you gather evidence to help you establish the liability and severity of the loss.
You can use two approaches to receive your deserved compensation—out-of-court settlement or filing a lawsuit. The former is quicker, less risky, and more accessible than the latter because you know the exact amount you will eventually get. However, you cannot claim any future claim from the issue. Hence, ensure you understand the full extent of your loss and that the proposed compensation amount is satisfactory before accepting it.
Ensure you negotiate the settlement well and not just pay for any amount because most insurance firms usually try to outsmart victims.
“However, you will file court paperwork if you cannot strike a settlement deal. Getting legal guidance at this stage is indispensable because it is often complicated. You must also act within the time limit your state allows for the case.” says Personal Injury Attorney Brandon Kinard of KGS Law PLLC.
Media Information:
Kinard, Garcia & Saldaña
150 W Parker Rd,Suite 705 B Houston Texas 77076
(832) 850-2389
https://www.kgslawpllc.com/
