It is important that a personal injury victim understands that his or her personal injury claim is valid before reaching an agreement with the insurance company or attempting litigation. A good understanding of the amount of compensation to which you are legally entitled allows a victim to recognize the offer of a valid settlement and to effectively weigh the costs and benefits of litigating. Take suggestion from Adam S. Kutner and Associates in case of personal injury.
Compensable Damages
If you have suffered any of the following expenses caused by your personal injuries, then you may be entitled to compensation for them:
- Medical costs: all your medical costs that were not covered by insurance can be compensated. For example, this includes hospital bills, surgeries, doctor visits, nursing care and prescription drug costs.
- Rehabilitation costs: ongoing costs of rehabilitation such as sanitarium care, physical therapy, speech therapy, occupational therapy and other rehabilitation costs are reimbursable.
- Personal out-of-pocket expenses: if you spend on child care, cleaning aids, drivers or other help personnel that you did not need prior to your injuries, then these expenses are generally compensable. Projected personal expenses can also be compensated.
- Loss of income: the loss of income due to being out of work, the projected time you will be away from work, reduced hours or a reduction in income due to a change in the profession caused by your injuries, are compensable.
- Pain and suffering: You may be entitled to compensation for pain and suffering related to your injuries. Loss of experiences such as inability to attend school, social events and vacations, can also give you the right to damages. Cohabitation, physical pain and suffering incurred due to physical disabilities or disfigurement may also be reimbursable.
- Damage to property: If property damage occurred in the accident that caused your personal injury, then you may be entitled to compensation for those damages.
When the Damages can be Reduced
The damages described above can be reduced if you were also at fault in the accident. Usually the insurance companies and the courts will assign their responsibility for the injuries in a certain percentage and the responsibilities of the defendant in the percentage of their responsibility. The granting of your damages will be reduced by your percentage of responsibility. For example, if you were responsible for 30% of the slip and fall accident because you were answering a call on your cell phone and did not pay attention to taking the steps that caused it to fall, then the potential granting of your damages will be reduced by a 30%
How to make an illustrated estimate about Damages
It can be difficult for a victim of personal injury to make an enlightened estimate of the potential damages without the assistance of a personal injury lawyer. For example, some of the compensable damages are subjective. While pain and suffering are not easily quantifiable, your lawyer is experienced in the award of personal injury damages and can help you estimate a reasonable amount for pain and suffering.