Compensation For Damages That Personal Injury Attorney Will Get You
Life does not always move the way we want it to. Some incidents can damage your well-being. You could get hurt to a point where it could take you a decent time to recover. If such a situation arises due to someone’s negligence, then it becomes a personal injury case.
You can file a case, and based on your injuries, you will receive compensation. But you cannot just file a personal injury case without any background. A personal injury attorney helps you in that regard. Here we will tell you the various types of compensation that he can get for you.
Medical compensation
Sometimes the injuries are grievous and medical. You may need medical care after the accident. Obviously, treatments these days are very expensive. Reputed personal injury lawyers know the extent of damage you accrued.
The costs include treatment, tests, medical bills, and outpatient care to cater to your loss.
If the injuries are relatively long-term or you have been disabled, then the care would extend. Overall this could mean a costly treatment plan for you in the future.
You could face medical costs that could range into thousands of dollars every year. If you win the case, the compensation could help you cope with the costs.
Loss of wages
If you are injured, you cannot work in any capacity. If your injuries are minor, you still have to go to the clinic for regular check-ups. That means you are losing out on the wages you ideally would have received. If your break is long-term, then the total wages are gone as you are rendered jobless.
By filing a settlement case, you can talk about getting the loss of the wages. The court will obviously have a look at your condition and form their opinion. If they feel you are actually not in a position to work anymore, they will pay you compensation for that loss.
Pain and suffering
This kind of compensation is offered because you have obviously gone through a lot of suffering already. The court will check your extent of suffering and pain, and if they are convinced, you may win a million dollars in compensation. You will have to make your case strong and gather all the evidence you can get.
Medical records that depict your treatment details should be included. Apart from that, information about how long you stayed in the medical facility and the type of treatment taken. But all this information means you have to be proactive in the treatment manner.
If you had already planned to file a case, keep records of every discussion you had with the doctor. You can also take photos and videos of your injuries and share documents of your symptoms. The Law Offices of Gerald J. Noonan – Criminal Defence & Personal Injury Lawyers check if all your papers are in order before proceeding with anything.
By keeping all the papers, you help the court in judging how much compensation you should receive. In the courts, there is no standard calculation that they use to find out the figure. You could also check the internet for a calculation method.
The jury could, however, grant you compensation based on subjective factors. This includes the credibility of your testimony and whether you have a solid reputation behind you.
Emotional distress
Your physical pain is combined with emotional distress as well. Only the physical pain can be depicted from the outside. The anxiety and depression accompanying it are something no one can fathom.
Sometimes the loss of a limb or significant handicap can lead to suicidal thoughts. This kind of emotional suffering takes a lot of time actually to ease out.
However, just because these injuries are not visible does not mean the court will go on your word. You will have to submit proof of therapist and psychiatric sessions you have undergone. Along with the therapist’s statement about your actual mental condition is strong proof.
But here, you must not furnish any wrong information. If you submit your proofs for a treatment, you opted for before the accident, you cannot use the same here. The opposing party will realize your game, and they may catch you with no compensation received.
Wrongful death
In case the accident led to death, the survivors can file a personal injury lawsuit. They have to deal with the expenses of a funeral and live without the presence of their family members. Naturally, they are now on their own, which means they have a financial burden to tackle.
The compensation they receive will help them bring their life towards a bit of normalcy. Obviously, if the person they lost was the main earning member of the family, this compensation is worthwhile. If kids are left without a parent, this can be mentioned as “loss of parental companionship.”
Loss of consortium
Loss of consortium implies loss of companionship. This implies a situation where the plaintiff has lost a partner due to an injury. A situation for this can be that the accident left one person either dead or severely injured.
Naturally, now there are limited chances of maintaining a normal relationship with the spouse or partner. You can mention how the accident brought about a drastic impact on your life. If you have lost your partner, you can demand compensation under this head.
Punitive damages
Certain plaintiffs could ask for punitive damages. This happens in cases where the accused did something criminal in nature. The punitive damages are therefore different from the other category of damages mentioned above. Here the claim is filed to punish the accused, so no one else repeats such a thing.
However, to win this case, you will have to prove that the intention was to hurt the other person. Medical negligence cases fall under this category. The doctor or professional involved is entitled to be punished. You will get compensation so that you can get your everyday life back.
But you must also remember that all states do not award punitive damages. If your state does not, then you will have to file them in a different form. States which do encourage such cases put a cap on the amount that they could award you. Ask your injury lawyer about which path you should choose in this regard.
Steps in the personal injury lawsuit
After figuring out which kind of compensation you are entitled to, you must know the steps taken in a personal injury lawsuit. Have a look:
Reach out to the lawyer
You will first have to find someone who will take care of your case. Always sign up for someone who has a background in such cases. These people know what kind of approach you must take to win the case. Naturally, he will explain your exact case and its limitations clearly.
Building the case
After you signed the contract, you can now work on the case. Mention all the essential papers and facts of this case. Your legal advisor will need time to set your things properly. Mentioning your injuries, details of employment, and family details will get you better compensation.
Settlement negotiations
Your attorney will prepare a demand letter specifying the details of your case. This is the point where the lawyer can get you a suitable amount.
Filing lawsuit
The other party will try to offer you an out-of-court settlement. If the amount does not suit you, it is better to proceed with the filing. It is at this point that your lawyer would require every possible case that works in your favor.
Trial
The case is now in front of the judge and jury, and you have to hope for the best. The lawyer will argue your case and even talk to the witnesses. If the case is strong enough, it won’t take much effort to convince the court. You should be prepared to tackle any kind of queries.
Since the opposing team will not accept the deal willingly, you can expect them to fight back. Though if you have a trustworthy lawyer, you will not have to worry. They will know how to tackle any kind of objection that comes your way.
To know more at Jacksonville car accident attorneys.
Conclusion
A personal injury really stalls your chances of having an everyday life. If things are better, you can hope to regain normalcy in some time. But if the damage has left you incapable of proceeding with normal life, you can ask for compensation.
By preparing a solid case, you can expect the court to give a verdict in your favor. Take suggestions from your Personal injury attorney as he is the best judge of your situation. He would most likely tell you which documents to attach in case you want to win your case.
He knows how the courts operate and how strong your case is. If he feels the case has a high chance of failure, they will inform you that too.
If need be, he will speak to the experts and grant weight to your lawsuit. Make sure you choose a lawyer who fights your case such that you get the maximum compensation possible.
