All jurisdictions in the United States allow plaintiffs to have successful cases before the state courts to recover the damages. Although each jurisdiction may differ in the dollar amount to be delivered in individual cases, there are some common types of damages that are allowed in most jurisdictions.
Possible Damages in a Personal Injury Claims
It is intended that damages for personal injuries restore a person in the position he had before the accident occurred. Although a lawsuit can not erase the physical pain and emotional distress of an injured victim or her survivors, a lawsuit can provide relief from the financial suffering that the victim and her family may incur. Specifically the damages may include:
- Compensation for medical expenses: this may include past, present and future medical expenses and rehabilitation costs related to your injuries. You can present evidence of accounts already received and estimates by doctors and therapists on their future medical needs;
- Compensation for expenses actually incurred as a result of an accident: your injuries can leave you unable to care for your minor children, care for your elderly relatives, clean your home, cook your food or take your walks. It can be very expensive to hire people to take over those responsibilities on your behalf and you may be entitled to compensation for these expenses if you are successful in a personal injury claim. Similarly, if the victim of the personal injury dies as a result of that injury sustained in an accident, then his family may be entitled to compensation for funeral costs;
- Compensation for loss of income: if your injuries leave you unable to work, to work the number of hours you did before the accident or unable to remain in the same job you had before the accident, then you may be entitled to the loss of income that you can not now earn due to your injuries. You may also be entitled to compensation for loss of income if a family member on whom you relied for your income (such as your spouse or parent) died as a result of personal injury in an accident;
- Compensation for pain and suffering: victims of personal injury, or their survivors, may be entitled to compensation for the pain and suffering they may cause as a result of their injuries. Your spouse can also recover damages for the loss of the marital consortium as a result of your injuries.
- Punitive damages: in extraordinary and extreme cases of negligence, some jurisdictions may allow the court to award punitive damages to the plaintiff that are not to compensate the plaintiff, but are designed to punish the defendant.
Speak Today with a Personal Injury Lawyer
This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified personal injury lawyer can attend to your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified personal injury lawyer near you to discuss your specific legal situation.