In a world where accidents are common and unexpected, getting involved in an accident and suffering injuries as a result can be quite devastating. Someone needs to be legally blamed, which is why the law states that victims possess the right to seek compensation for their losses. By filing a personal injury claim, a victim just might be able to recover damages to pay their medical bills. They can also compensate for their lost wages and get their life back.
Hence, it can be very helpful to know the kinds of compensation that victims can recover in their personal injury claim.
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Categorizing Compensation in Personal Injury Claims
“In the process of filing a personal injury claim, victims need to know the types of compensation they are entitled to,” says the Attorney of Herman and Wells. This is dependent on the extent of the impact on their lives and how severe their injuries are. The following are the categories of compensation available:
Economic Damages
Economic damages are countable monetary losses incurred by personal injury victims in accidents they are not responsible for. The idea of these damages is to help the person get their life back. The following are some types of economic damages:
Medical expenses
Due to the nature of accidents, every personal injury case involves medical expenses. Victims need to be treated, usually immediately and possibly long-term, both of which require considerable expenses. Activities such as emergency room visits, surgeries, rehabilitation, and post-op treatments can be expensive as they add up.
Loss of earning capacity
Injuries usually prevent victims from going to work and getting paid. As long as they can prove that they have jobs, they are eligible for compensation for lost wages, which is divided into two parts:
Property Damage
While some victims get injured, others might also have their property damaged in the accident. A car accident will most likely damage the victim’s vehicle as well. Compensation for property damage can include vehicle repairs or the replacement of belongings such as clothes, electronic devices, and other property types.
Non-economic Damages
These types of damages refer to damages that cannot be evaluated and valued directly, unlike economic damages. They encompass the unseen emotional pain experienced by the victims due to the accident injury. The following are some types of this form of damage:
Pain and Suffering
The non-physical pain caused by an accident is termed pain and suffering in legal terms. This is used to connote that a victim is suffering emotionally and has to be compensated for it. Injury severity, impact on the victim’s life, and duration of impact on the victim are factors that determine compensation for pain and suffering.
Loss of consortium and companionship
Apart from the victims, their families and loved ones are also affected by the accident, as it changes their daily schedule. Under the law, compensation is required for loss of consortium. Aspects of this type of non-economic damage includes loss of parental guidance for children, strain on familial relationships, and loss of spousal companionship.
Punitive Damages
This type of non-economic damage is awarded in cases where the defendant’s actions were egregious, exceeding the bounds of acceptable behavior. This is used in personal injury cases where the defendant induces an exceptional lack of care or negligence. The reason for punitive damages by courts is to penalize the defendant and ensure they will never repeat their actions. This sends a message of accountability and safer actions while considering other people.
Conclusion
Maximizing compensation for an accident victim is a careful, methodical approach that a legal professional must undertake, such as a lawyer. Many insurance companies aim to pay less than the victim deserves. However, with the help of a skilled personal injury lawyer in Florida, victims can leverage legal expertise and resources to secure the compensation they deserve.
