Personal injury claims gain you financial compensation for the injury you sustained, and help you rebuild your life. The compensation or settlement aims to help you meet present and future medical needs, as well as make up for the loss of income and other damages you suffered.
Though this sounds fair and just, getting a claim approved takes a lot of effort and legal wrangling. The entity that needs to pay you your compensation is usually not the person or company found responsible for your injury, but the insurance provider. Insurance companies are notoriously tight-fisted when agreeing to compensation, and have the best and most expensive lawyers fighting for them. It is this massive hurdle that you have to overcome to win your fair claim.
Claims aim to cover all expenses that you incurred and losses you sustained as a direct result of the accident and injury. If you or a loved one has sustained injuries over a car accident, slip and fall, or in any other manner, it is important for you to know what damages you can claim compensation for. Here are a few of the critical ones.
1. Medical Expenses
Without any doubt, treating the injury has burned a massive hole in your pocket and has probably taken a huge chunk out of your savings. A fair compensation will enable you to access quality treatment now, as well as in future.
You will also be reimbursed for the medical expenses you incurred as a result of the injury.
If you have suffered disability or if you require assistance to complete your day-to-day activities for the rest of your life, then homecare expenses also will be taken into account in your compensation. The money you receive will help your family tide over the financial difficulties that have come with your new and altered way of life.
2. Loss of Income
If you have missed days of work due to the injury or if you are unable to continue in the job due to the nature of injuries sustained, you can claim for loss of income. Loss of earning capacity is compensated for and tries to make good the money you would have been able to make in the future had you not been debilitated by the injury.
Future promotions and career growth are also taken into consideration while deciding on the claim.
Proving the claim requires you to furnish documented evidence supporting your statement that the injury is a direct result of the accident or fall. Police reports, eyewitness statements, photographs of the accident and injuries sustained, and detailed medical reports are all strong evidence that can help your cause in a court of law.
3. Loss of Property
If your vehicle, clothes, or other belongings were damaged or lost in the accident, you can claim damages. You will be reimbursed for repairing the items or will be paid an estimated fair market value for lost belongings.
4. Pain and Suffering
The devastating effects that a personal injury can have on your personal and professional life are too many. In addition to this, many victims continue to suffer pain and other discomforts for long, and sometimes forever. The injury you sustained due to carelessness and negligence of another has changed your life completely, and you have the right to claim for the pain and suffering you go through.
Medical reports and doctors’ testimonies can be helpful to prove how the injury and treatment have affected you. Also, maintain a journal in which you note down what you experience on a daily basis, and the difficulties faced. You can present the journal before the jury as additional proof of evidence.
5. Loss of Enjoyment in Life
Debilitating injuries can result in a disability that alters the way you lived and enjoyed life before. You may not be able to partake in activities or pleasures of life that you were used to earlier. The injury has led to a detrimental change in the way you live your life forever.
You can claim for loss of self-esteem and loss of enjoyment in social life and leisure activities.
6. Loss of Consortium
If the debilitating injury has resulted in a loss of intimacy or hinders sexual relationships, then you can claim for loss of consortium. Inability to enjoy an intimate relationship can also lead to divorce and loss of potential for close companionships in future.
Proving sexual disability in court is not easy. You will require adequate medical reports, expert testimonies, or even a statement from your partner. An experienced personal injury lawyer by your side will help you put forth your arguments strongly.
7. Recklessness and Gross Negligence
In some cases, the recklessness and malicious negligence showed by the other person or entity is clearly evident. Courts award punitive damages to the plaintiff if the bad behavior of the defendant seems atrocious and shocking. The damages are also an attempt by courts to dissuade any such future behavior from others, and to show that such actions can have dire consequences.
These are some of the types of personal injury claims a victim can make. Depending on the nature, type, and impact of your injury, the court will allow you to be compensated for all damages. It is important to understand your rights and proceed in the right manner where personal injury claims are concerned.