What Types of Damages Can I Claim in My Personal Injury Accident?
As painful and traumatic as being injured in an accident can be, it frequently is only the beginning of a new and difficult reality. If you’re lucky, your injuries are minor, treatment is quick and easy and you make a full recovery in no time. Many people involved in accidents aren’t that lucky. The consequences of their injuries can be long-lasting and even life altering.
In either case, people injured due to someone else’s negligent and even reckless actions deserve to be compensated for their physical, emotional and financial losses. In a personal injury claim, damages refer to the monetary compensation you pursue for the losses you have suffered as a result of another person’s actions.
The goal behind seeking damages is to restore your life to the way it was prior to the accident. Although this isn’t always possible, it’s a much better solution than forcing the victims of other people’s wrongdoing to suffer the consequences, which can include mounting medical expenses, missed work and psychological trauma, on their own.
If you've been injured as a result of someone else’s negligence, don't hesitate to reach out to the Law Office of Rickard, Drew and Nix to discuss your case and possible ways to pursue damages.
Medical Expenses
One of the most significant types of damages people usually claim in a personal injury accident are medical expenses. For example, if you were injured in a car accident, you and your health insurer likely paid for emergency medical treatment, hospital stays, surgeries, prescription medications and rehabilitation. In situations where the sustained injuries are serious and life-altering, you may require ongoing medical care, for which you should also be compensated.
To pursue compensation for your medical expenses it’s crucial to keep records of all medical bills, receipts and documentation to establish the extent of your medical expenses accurately.
All insurance companies have the same general business motivations, and your health insurance provider will also want to be compensated by the responsible party for any care they paid for. In these scenarios, your insurer will have subrogation rights, meaning they’re entitled to reimbursement if your claim negotiations or litigation is successful. They may even place a lien on your settlement or court award.
It's important for plaintiffs to understand that these amounts are not set in stone. Your personal injury attorney may be able to negotiate the terms with your health insurer to help you keep as much of your settlement as possible.
Lost Wages
If your injuries have caused you to miss work or resulted in diminished earning capacity, you can claim lost wages as part of your damages. This includes both the income you have already lost due to your injuries and any future income you may potentially lose. To establish lost wages, you will need to provide documentation such as pay stubs, employment records and statements from your employer.
Pain and Suffering
Pain and suffering describe the physical and emotional distress caused by the injuries and their aftermath.
Unlike medical expenses and lost wages, the pain and suffering you experience cannot be easily quantified with a dollar amount, thus they’re considered intangible damages. These intangible damages aim to compensate you for the physical pain, emotional trauma, mental anguish and loss of enjoyment of life you’ve suffered as a direct result of the accident.
Not every person filing a personal injury claim will seek damages related to pain and suffering. However, if you’ve experienced physical pain, have been diagnosed with post-traumatic stress disorder or are embarrassed to be around people because of visible scars or disfigurement, your lawyer will likely pursue compensation for pain and suffering on your behalf.
Other Out-of-Pocket Expenses
Beyond medical expenses, lost wages and pain and suffering, there may be other out-of-pocket expenses you can claim as part of your damages. These expenses can include:
- Property damage: If your personal property, such as your vehicle, was damaged in the accident, you can seek compensation for the repair or replacement costs.
- Transportation costs: If your injuries prevent you from driving, you may incur expenses for alternative transportation such as taxis, rideshares or public transportation to attend medical appointments.
- Home modifications: If your injuries require modifications to your home, such as installing wheelchair ramps or accessible bathrooms, you can claim the costs associated with these modifications.
- Assistive devices: If you require assistive devices like crutches, wheelchairs or prosthetics due to your injuries, the expenses for these devices can be included in your claim.
Like with medical records and lost wages, you should keep detailed records and receipts of these expenses to support your claim for reimbursement. Your personal injury attorneys may work with expert witnesses (medical experts, psychologists, economics, etc.) to build a compelling case establishing why these added expenses were necessary and to estimate ongoing expenses in the future.
Maximizing damages is extremely important for people who have suffered life-changing, catastrophic injuries, as you usually can’t go back to the defendant years down the road and seek more money if it turns out your initial settlement agreement or award was inadequate.
Pursue Damages with the Help of an Atlanta Personal Injury Lawyer
If you have been injured in an accident and need guidance on your personal injury claim, the attorneys at the Law Office of Rickard, Drew and Nix are here to help.
We understand the devastating impact an injury can have on your life and are here to help you gather necessary evidence and build a compelling case so you can focus on healing and recovery.
Call us today at (404) 588-1001 to schedule your free consultation and let us advocate for the compensation you deserve.
The sooner you seek legal advice and file a claim, the sooner you can get the compensation you need to recover and move forward with your life.
Attorney Jessica Nix, Managing Partner
Jessica Nix is Managing Partner and a Personal Injury Attorney at the Law Office of Rickard, Drew & Nix in Atlanta, with more than 10 years of experience representing injury victims in courts across Metro Atlanta. She graduated cum laude from the University of Georgia School of Law, where she served as an editor of the Journal of Intellectual Property Law. Jessica is admitted to the State Bar of Georgia, is a member of the Georgia Trial Lawyers Association, and was named a Georgia Super Lawyers Rising Star for Personal Injury from 2017 to 2019. To speak with the Law Office of Rickard, Drew & Nix, schedule a free consultation today.
