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Car Accidents

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How Do I Know If I Have a Personal Injury Claim?

What's the difference between a regular injury and an injury that qualifies as a personal injury? The answer is, negligence. If you were injured or lost a family member due to someone else's carelessness, you most likely have a personal injury claim to pursue. The best way to establish this is to hire a personal injury attorney that specializes in your type of accident. To recover monetary compensation, your personal injury attorney must be able to define and prove three distinct personal injury case requirements.

how is personal injury compensation calculated

How Much Is My Personal Injury Case Worth?

Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. Some compensatory damages are relatively easy to quantify, such as reimbursement for property damages, lost wages, and medical bills incurred. It is more challenging to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident injuries.

The Responsible Party Was Negligent

For example, if a semi-truck driver crashed into an innocent victim’s car because they ignored a red light, the driver of the 18-wheeler would be considered the negligent party.

Negligence Caused the Injury

In the previous example, if the victim sustained deep lacerations and debilitating migraines due to the crash, the truck driver’s negligence would be considered the catalyst resulting in personal injury.

Injury Resulted in Damages

Once again, looking at the above example, if the victim’s deep cuts and migraines resulted in medical bills, lost wages, and pain and suffering, the injury would be compensatory damages, which are also covered.

Medical Treatment

Personal injury damages almost always include the cost of medical care associated with the accident and the rehabilitation following the crash or trauma. This includes reimbursement for treatment you've already received and compensation for the estimated cost of medical care you'll need in the future.

Current and Future Income

You may be entitled to compensation for the accident's impact on your salary and wages. This includes the income you've lost, and the money you would have made in the future were it not for the accident. This is called lost earning capacity.

Property Loss

If your vehicle, clothing, jewelry, or other items involved in the accident were damaged, you'd likely be entitled to compensation for the fair market value of the property.

Pain and Suffering

While it is sometimes challenging to quantify, you may be entitled to compensation for the pain and discomfort you suffered during and after the accident. This also includes future pain and suffering.

Emotional Distress

Emotional distress damages are meant to compensate a personal injury victim for the psychological impact of a detrimental injury. These emotional stress responses include fear, anxiety, and loss of sleep.

Loss of Enjoyment

When accident injuries keep you from enjoying your favorite hobbies, exercise regiments, and other recreational activities, you may be entitled to receive "loss of enjoyment" damages.

Loss of Consortium

In personal injury cases, "loss of consortium" damages speak to the impact the injuries have on the victim's relationship with their spouse. For example, this would look like the loss of companionship or the inability to maintain an intimate relationship. In some cases, loss of consortium damages are awarded directly to the affected family member rather than the injured.

Personal Injury Lawyers That Are Dedicated to Your Case

Our Personal Injury Attorneys strive to protect your rights and maximize your compensation

Our personal injury lawyers have been able to help thousands of clients get the benefits they were entitled to for workers’ compensation claims, car accident injuries, truck accident injuries, and other personal injury cases.

Rest assured that our attorneys will efficiently and effectively handle your case if you choose our skilled personal injury team. We believe in an enriching client-centered experience. This is why our clients stay with us and refer others to our legal team time and time again.

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