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Types of Damages You Can Recover in a Personal Injury Case

Posted on February 23, 2021 in

After an accident, you can suffer from physical, emotional, and financial losses. These may include unexpected medical bills, weeks or even months of lost wages, and intangible damages, such as emotional distress. If someone else is responsible for your accident, you could recover monetary damages for these losses by filing a personal injury lawsuit.

During this process, it is important to understand which damages you qualify for. This will help you achieve maximum compensation, increasing your chances of making a full recovery from the accident.

Past and Future Medical Expenses

Accidents result in significant medical losses. In addition to emergency room expenses and immediate treatment, you may require long-term care, follow-up surgeries, and accommodations to your home or vehicle. In a personal injury claim, you can recover compensation for all medical expenses related to the accident—including past and future costs.

You can claim compensation for the following medical losses after your accident.

  • Emergency and urgent care
  • Hospitalizations
  • Surgeries
  • Diagnostic care
  • Prescription medications
  • Live-in caregivers
  • Disability accommodations
  • Mobility devices
  • Treatment supplies, such as braces or wraps
  • Rehabilitation and physical therapy

You can use multiple pieces of evidence to establish your right to past and future medical expenses, such as medical records, expert witness testimony, and insurance bills. Your attorney may also ask economists and life care planners to calculate your long-term medical expenses.

Property Damage

Many accidents result in damage to property, including motor vehicles, bicycles, motorcycles, and personal possessions in and on your person during the accident. In a personal injury lawsuit, you can recover compensation to repair or even replace this damaged property. Photographs, repair invoices, and receipts can establish the loss of each piece of property and its corresponding value.

Lost Wages and Loss of Earning Capacity

An injury can prevent you from going to work for a long period of time. While you recover, you can lose significant amounts of wages. In a personal injury lawsuit, you can recover the full value of your lost wages by supplying documents such as pay stubs, correspondence with your employer, time sheets, or salary information.

If your injury prevents you from returning to your previous occupation, you can collect compensation for the loss of future earnings due to the accident. The court will look at the difference between your previous compensation, career track, benefits, and promotional potential compared to your current state.

Pain and Suffering

Pain and suffering refer to a special category of personal injury damages. These losses refer to the physical and psychological pain, turmoil, and trauma you suffered due to the accident. Common examples of pain and suffering include mental anguish, chronic pain, permanent disability or disfigurement, and the development of mental illnesses, such as depression and anxiety.

Since you cannot provide a bill or invoice to prove pain and suffering, these damages can be difficult to calculate. However, a Chicago personal injury attorney will understand the formulas and evidence necessary to prove your right to these damages.

If you are in an accident that someone else is responsible for, you deserve maximum compensation. Hiring a personal injury lawyer to represent your claim can help you achieve a full recovery. Your lawyer can evaluate your claim, identify the damages you may be entitled to, and calculate your maximum award so you do not accept an insufficient offer. Contact your attorney as soon as possible to discuss your legal options.