What Kind of Damages Would an Injury Lawsuit Cover?

When you initiate an injury lawsuit, you may be wondering what damages will be covered because it is important to your comfort and financial stability.

Before you file an injury lawsuit, you should speak to a personal injury attorney. They can investigate your claim and find out all of the damages that are owed to you. According to lawyers at Fasig | Brooks, examples of the type of damages that may be covered include the following.

Economic Damages

Your injury lawsuit should cover the economic damages that required you to pay out of pocket. Mainly, this refers to medical expenses, property damage, and lost income. When you are injured, you have to pay medical bills to help you recover. For example, if you have broken bones, you will need a cast or crutches, imaging scans, stitches, and in some cases, surgery. After your current and projected costs are added up, you can have these expenses compensated for in your personal injury claim.

Similar to medical expenses, the income you lost due to your personal injury is also included. When you can’t work full-time due to pain and limited mobility, you will be unable to make an income. Unless you have paid time off, this results in missing wages. Your past and future lost wages can also be covered.

Lastly, if you suffered property damage to your home or vehicle because of your personal injury accident, you can also be compensated for this amount. Most often, you would see these types of damages in a car accident or product liability claim.

Non-Economic Damages

In addition to bills and fees, you can also receive non-economic damages for your personal injury. These are damages that don’t have a monetary value. Instead, your personal injury attorney will calculate this based on factors surrounding your case. Pain and suffering damages are one of the most important non-economic damages included in your claim and make up most of your settlement award.

Wrongful Death Damages

If a personal injury victim passes away, their surviving family members could claim wrongful death damages on their behalf. This includes damages such as funeral bills, burial costs, loss of earning capacity, loss of benefits, loss of valuable services, medical bills, and more. Non-economic damages include loss of consortium, loss of guardianship, the family and the victim’s pain and suffering, and other wrongful death damages.

Punitive Damages

Punitive damages are awarded separately from your settlement and are meted out as a punishment to the defendant for especially reckless or negligent behavior. Your attorney would have to prove that the other party was grossly negligent or malicious in a way that caused your personal injury. These wouldn’t be included in your settlement and instead are provided by the judge or jury’s decision.

Personal Injury Lawsuit Or Settlement?

Most likely, your attorney will seek a personal injury settlement outside of court before filing a lawsuit. Not only does the court discourage claimants from seeking a lawsuit immediately, but they will also assign you a pre-mediation meeting before a possible trial. You must attend the pre-mediation meeting with the other party. If they refuse to provide a settlement, you can then file a lawsuit. This process is very long and drawn out and can add up to a year or more to your obtaining a settlement.

Get Help From an Attorney

Attorneys are experienced in accurately estimating damages and helping you obtain fair compensation. Before you initiate a lawsuit, consider settling outside of court. This will allow you to receive compensation for your damages sooner. The other party will also prefer to settle this way rather than go to court.