Being involved in an accident is always jarring. On the other hand, when you were completely powerless in the situation and it was caused by the pure negligence of someone else, recovery is often even more difficult. This is why people pursue legal help and eventually a personal injury claim. Conversely, not every single case warrants filing this sort of claim and therefore, it is important to know what sort of claims you can make, as well as what the likelihood is that you will end up with the result you desire. Keeping this in mind, let’s discuss how much your personal injury claim could potentially be worth.
What sort of compensation could you receive?
There are a few different reasons you could receive compensation after being involved in an accident that wasn’t your fault. The two main kinds of damages you can receive are economic and and non-economic. Additionally, you could end up receiving exemplary damages, but that will be up to the judge in your case. We will cover what each different type of damage does and does not include below.
There are several types of economic damages you can seek. They are as follows:
If you suffered a personal injury that caused you to miss work or unable to work anytime in the future, you may be entitled to pursue damages that will replace the money that you would have made in wages were you able to continue working should the accident had not occurred.
Healthcare costs a pretty penny, especially in Texas. The last thing you want is to find yourself in major debt after your accident because of the injuries you sustained. As the plaintiff in a personal injury claim, you can seek damages that will total the cost of the medical bills you have had to pay in the past and even ones you may have to pay in the future.
If you are injured so badly that you cannot work, you can also seek compensation for the benefits you are missing out on since you are unable to work. This could be anything from bonuses to a pensions to your retirement benefits.
Other Economic Losses
There are other economic losses that occur when people are injured in an accident that you can absolutely seek damages for. If your spouse had to take time off work to take care of you, those wages could be pursued in your personal injury case. You can even try to be compensated for travel costs that came with going to the hospital or different doctor appointments over a period of time.
Pain and Suffering
While you may not have lost out on any wages or had extreme medical bills, you may have experienced a good amount of anguish since your accident. If this is the case, you can seek damages for the turmoil the accident has caused you. For the most part, this sum is calculated by assigning a daily rate and multiplying it by how many days have passed since the accident occurred.
Loss of Consortium
If the accident you were involved in left you unable to maintain an intimate relationship with your partner (sexual or otherwise), you can seek damages for the toll this has taken on your life.
Disfigurement and/or Impairment
If any physical impairment or disfigurement happened because of your accident, you can seek compensation for these losses, as this situation has likely changed your entire life.
Loss of Companionship
If the injuries you sustained in the accident have left you unable to maintain any relationship in your life, whether it be with friends or family members, you can absolutely seek damages.
Loss of Enjoyment
Many times after an injury-causing accident, the victim feels as though they cannot lead the life they were once living. If your injuries left you unable to participate in your favorite hobbies or do things that you once loved, you can seek compensation for loss of enjoyment.
As mentioned before, you also have the possibility of receiving damages known as ‘exemplary damages.’ These types of damages, however, can only be ordered by a judge. The judge must want the defendant to pay you, the plaintiff, with the sole intent of punishing the defendant for their actions. These are also known as ‘punitive damages.’ For the most part, a judge will not require a defendant to pay these types of damages unless the actions of the defendant were intentional. Often this type of decision is handed down from a judge in a case that involves fraud, malice or gross negligence.
Contact A Lawyer You Can Trust
If you have been involved in an accident that was not your fault, it’s important that you find a lawyer who is knowledgeable, trustworthy and who will fight for you every step of the way. Regardless of the damages you believe you should seek, we can help you to make sure you are on the right path and that each day you get closer to your end goal. Contact Alex Hernandez Trial Law today and learn more about what your next steps should be.