4 Common Types Of Compensatory Damage You Can Get If You Win A Personal Injury Lawsuits
There are many types of personal injury lawsuits, from slip and fall to car accidents to medical malpractice. At the heart of each of these cases is the idea that your body was injured and your life was negatively impacted by an event you couldn't control, but that someone else could have.
When it comes to getting compensation in a personal injury lawsuit, there are various types of compensatory damage you can be compensated for. Some of the most common types of compensatory damage include medical bills, lost wages, pain and suffering, and emotional distress.
Compensatory Damage #1: Medical Bills
One of the most common types of compensatory damage awarded in personal injury lawsuits is for medical bills. This includes all medical bills that you incurred due to your injury, from your emergency room visits to surgeries to physical therapy. Anything related to your physical care in order to assist with your recovery from the injury is covered.
It is best to wait until you are fully recovered before moving forward with your case to make sure all your bills are covered.
If you sustained an injury you will be dealing with over many years, or for the rest of your life, you can also ask for compensation for your future medical care. You will need a professional to estimate what your future medical care costs will be.
Compensatory Damage #2: Lost Wages
Another really common type of compensatory damage awarded in personal injury cases is for lost wages. Essentially, all the time you missed at work will be compensated back to you, regardless of if you got sick leave or not for the work. The idea is you were not able to work, and you were forced to used that leave, so you can get compensation for all lost wages.
If you are not able to work anymore, you can also include all the lost wages you would have earned over the course of your lifetime. This can be a little trickery to calculate and usually requires bringing in a financial expert.
Compensatory Damage #3: Pain & Suffering
Another common, but difficult to quantify, compensatory damage awarded in personal injury cases is for pain and suffering. This is an amount that most defendants will try to get reduced to be as small as possible.
It may be difficult to be awarded pain and suffering if your case settles out of court. If your case does go to court, the chances of being awarded pain and suffering increase significantly.
Compensatory Damage #4: Emotional Distress
Finally, you may be awarded money for emotional distress. You are more likely to receive this compensatory damage if you can prove that you have been seeing a counselor or a physiatrist to deal wit your injured. Having a diagnosis, such as PTSD, from a medical professional will help increase the chance you will get this type of award.
If you are pursuing a personal injury lawsuit, be sure to sit down with your lawyer, and come up with your ask for compensatory damages. Knowing what you want will increase the likelihood that you will get that type of compensation. Remember, your ask should always be larger than the minimum amount you would accept to increase the likelihood you will get what you need.
For any questions regarding personal injury law, talk to a local expert today.