The Many Varieties of Damages in a Personal Injury Case
Help! I Have Found Myself in a Personal Injury Claim. What Can I Recover When it Comes to Personal Injury Damages?
Has someone else’s carelessness left you or a precious family member injured? Are you trying to decide if pursuing a personal injury claim is the best way to handle the injuries caused by another person’s negligence? When making this decision, the value of your claim is a popular question everyone wants to know. Several factors can be used when looking at the type of damages that can be recovered, including:
- Lost wages, from the time of the accident and the possibility of the future missed time
- Reduction of earning capacity
- Medical expenses, from the time of the accident and the possibility of future medical expenses as needed
- Mileage to and from doctor appointments
- Physical pain and suffering, from the time of the accident and future incurrences
- Mental anguish, from the time of the accident and future incurrences
- Loss of enjoyment of life
- Loss of consortium by a spouse
- Punitive damages
- If a child is injured – loss of services and/or companionship
The addition of some of the lessor known types of damages could make a significant difference in the value of your case. Below are a sample of such damage categories and how they can be utilized to increase your personal injury claim’s value:
Pain and Suffering
Pain and suffering can easily be described by how a person was before an accident compared to their condition is after an injury has occurred. What kind of activities could the person do when at home or at work? After the accident, how was the person physically and emotionally affected? Will the changes continue into the future? Will the injury be classified as a short-term injury or a long-term injury? These are all question that can relate to pain and suffering type damages.
Pain can be anything that is causing a physical discomfort, regardless of whether it is completely or partially affecting one’s ability to function. The symptoms of pain can result in burning, throbbing, stinging, sharp, nagging, and annoying physical pain that can appear in a variety of different injuries.
Each individual is subject to experience pain differently. The same injury to someone else can produce different physical and emotional pain and suffering symptoms. The severity of the injury or pain can also vary from person to person. The same pain in one person could be acute or short-term, but in another person, it could turn into a chronic or long-term condition.
A distinctive way to determine your pain and suffering is to plan out a month of daily activities including home, work, and free time activities you can perform. Then ask yourself the following: How many changes have you had to make in your daily activities since the accident? Are there activities that have had to be discontinued from your everyday life? Of the activities you can do, are you doing them with pain, or just choosing not to do activities because of the pain it causes?
Your activity level also can be directly related to the pain and suffering you may be experiencing from an accident. For example, prior to the accident did you:
- Go to the movies, theatre, or ballgames?
- Play sports?
- Spend time with friends?
- Enjoy the outdoors by hiking, fishing, hunting, or participating in other activities?
- Like to travel?
- Do garden or your own yard work?
- Perform chores and work around the house?
- Attend and participate in activities at church?
- Leave the house often?
If you answered yes to any of the above-mentioned questions, but are now unable to perform different activities due to an accident caused by the negligence of another person, you may have a significant pain and suffering damage type claim.
Damages for Lost Wages and Other Employment Benefits
After an accident, depending on the type of work you perform, are you able to perform your duties as assigned? These physical activities could include, but are not limited to: lifting, pulling, carrying, working with your hands, arms or shoulders, sitting, pushing, or standing for a long period of time. The more areas affected could result in additional financial compensation depending on the nature of the job being performed. For example:
- Are you having to work under restrictions since the accident?
- Has your injury caused your job performance to be limited when it came to work duties, travel or the responsibilities you are required to perform?
- Have you lost additional compensation and overtime pay due to not being able to stay and work your full hours?
- Do you have to constantly move to try to get comfortable or change positions due to pain caused by the accident?
- Are you having to work fewer hours?
- Have you lost your job due to not being able to perform the duties you were hired to do?
Mental Anguish and Loss of Enjoyment in Life
Do these types of triggers affect you emotionally? If so, you may be entitled to additional compensation.
- Are you suffering from depression, anxiety, or some other form of emotional distress since the accident?
- Does participating in things that you used to do cause you anxiety or stress?
- Do you suffer from Post-Traumatic Stress Disorder?
- Do you have trouble sleeping?
- Is the pain from your accident negatively affecting your marriage, friendships, or other personal relationships?
If you or a loved one has been involved in an injury-related accident caused by the negligence of another person or business entity, call on the expertise of Larby & Associates at (918) 796-5780 to provide you with a free consultation regarding your potential claim. Larby & Associates has significant experience in all area personal injury related claims, including: Automobile Accidents; Trucking Accidents; Premises Liability; and Defective Products & Dangerous Drugs. We will work tirelessly for you to maximize any recovery to which you may be entitled. The financial compensation you deserve could be only one phone call away. Call Larby & Associates today.