Forms of Compensation in a Personal Injury Lawsuit
Posted On behalf of Pfeifer Morgan & Stesiak on Oct 11, 2017 in Personal Injury
If you were injured due to another person's negligent actions, you may be able to file a personal injury lawsuit to recover compensation for damages you suffered from your injuries. While compensation will not erase the event, it can help return you to the position you were in before the accident and injury.
Below, the South Bend personal injury attorneys of Pfeifer, Morgan & Stesiak have detailed the types of compensation that may be awarded in an Indiana personal injury lawsuit, from medical expenses and property damage to pain and suffering.
Physical injuries typically result in medical expenses for treatment. Medical expenses are the most common type of compensation granted for personal injury cases. This compensation can cover past and future medical costs.
Medical costs that you could be reimbursed for could include:
- Hospital stays
- Emergency room visits
- Out-of-pocket expenses, such as medical equipment or parking fees for doctor visits
- Lab tests
To ensure you are accurately reimbursed for your medical care, keep detailed records of your care and treatments. Save receipts for any purchases related to your injury or payments made for medical bills. You should also collect all unpaid medical bills for your treatment.
Recovering from an injury often requires time off work. The length of time off typically depends on the type and severity of the injury.
Compensation for lost wages covers all wages you lost due to time off from work while you were receiving treatment or were physically unable to work.
Documentation from your employer will show how much time you missed at work, as well as the wages you lost. Your employer may also provide information about your inability to complete your normal job duties due to your injury.
Pain and Suffering
Injuries cause physical and mental pain, as well as suffering during and after the accident, which are all things you can pursue compensation for.
The problem with this form of compensation is that it is difficult to value, because physical pain and emotional suffering do not have specific monetary values attached to them. However, the more painful an injury is, the higher the amount of compensation you are likely to be awarded.
You should detail the pain and suffering you experience by keeping a journal. Daily entries describing the discomfort you feel can be used as evidence.
Future Lost Income and Earning Capacity
Your injuries could make it so you are unable to perform the same work or job as before. You may not be able to earn as much money for the rest of your career. This could lower your future earnings compared to if you were able to perform your old job.
Fortunately, you can pursue compensation for future lost income and earning capacity. This is meant to make up the difference in the lost earnings you will experience over your lifetime due to your injury.
Accidents, especially automobile accidents, can cause damage to personal property as well as physical injuries. Items damaged in an accident may include:
- Personal items
Determine the repair or replacement costs for the items damaged. If you have already paid to repair or replace your personal property, save all receipts.
Diminished Enjoyment of Life
Accident injuries may be life-altering, preventing you from participating in the same activities you used to. Your ability to partake in hobbies, caring for your children, being intimate with your spouse or other activities may be impacted negatively by your injury.
While this is difficult to quantify, compensation may be awarded for these losses. A journal describing the activities you can no longer participate in will be helpful evidence.
Accidents and trauma may cause you emotional distress. Expert testimony from your psychologist or psychiatrist can be used to support the emotional distress you suffer. If the trauma causes distress or impacts a previously diagnosed mental condition, compensation may be awarded.
If someone is killed by the negligent actions of another, a wrongful death lawsuit may be appropriate. This type of lawsuit is brought by the decedent’s personal representative. Damages in wrongful death cases may include:
- Medical costs
- Funeral and burial costs
- Lost wages
- Legal fees
Contact Our Personal Injury Attorneys
If you have been injured in Indiana, you may be entitled to compensation for your medical bills, lost wages and other damages.
The South Bend personal injury lawyers of Pfeifer, Morgan & Stesiak work to support our clients through the legal process. We investigate your injury claim, gathering the information needed to support the liability of at-fault parties in attempts to recover fair compensation for you.
By scheduling a free, no-obligation consultation, our legal team will review your claim and inform you of the legal options that may be available. Pursuing your personal injury case with our law firm is done on a contingency fee basis. You only owe legal fees if we help you recover compensation in your case.