Much like an accident is an unforeseen event, the aftermath of an accident is also unpredictable. For many accident victims, this includes physical, emotional, mental and financial anguish. This can cause an already challenging time to be even more difficult.
Thus, if another party’s negligence led to the accident that harmed you, it is important to consider your rights when it comes to a personal injury action. This legal claim not only seeks to hold the party liable for the injuries suffered but it also assists with the recovery of damages to address these losses.
Personal injury damages
Depending on the facts and circumstances surrounding the accident, various types of damages could be awarded. Often, this will be broken down into various categories. This includes special damages, which are the out-of-pocket damages caused by the accident, damages for physical injury and intangibles, which relates to the impact or change on your life due to the accident.
When calculating special damages, out-of-pocket costs addressed by this category include doctor’s bills, ambulance bills, hospital bills, medications, medical supplies, travel and lodging for medical treatment, future medical expenses, household help, work losses, future losses, loss of earning capacity, increased cost of living, therapy and property damage.
Damages for physical injury are based on the injuries suffered and the severity of them. This includes the pain and suffering, disability and loss of the enjoyment of life as they relate to physical injuries, lost limb, if applicable, and lost organs, if applicable.
Intangibles are calculated based on the impact the accident had on the victim’s overall life. This is often based on visible injuries, invisible injuries, initial physical pain, long-term pain, emotional effects, impact on physical activities and hobbies, inability to do household chores, reduction or elimination of social activities, impact on familial or religious duties, modification or abandonment of future plans and changes to the victim’s day-to-day life
It can be difficult to calculate damages on your own, especially while you are still recovering from accident injury. As such, it is important to understand your rights when it comes to filing a personal injury action and seeking compensation to address the damages suffered.