What Damages Can You Recover After an Injury?

An unexpected injury can hit you hard financially. Beyond your medical bills, you might have to deal with lost income while your household bills pile up. While no amount of financial compensation can reverse your injury, a personal injury claim can help you recover the resources you need to move forward.

Many people assume they can only recover financial compensation for their medical expenses, but personal injury claims often include several different types of damages. What you can recover depends on the circumstances of your accident and the extent of your injuries. 

Here’s what you need to know about what’s possible to recover after an injury.

  1. Medical expenses

Medical bills are usually the biggest financial burden after an injury. Whether you only visit the emergency room once or need years of ongoing care, medical bills can add up fast. Compensation for medical expenses typically covers:

  •     Emergency transportation (ambulance rides) and treatment
  •     Hospital stays
  •     Surgeries and other procedures
  •     Doctor visits
  •     Specialist appointments
  •     Physical therapy
  •     Prescription medications
  •     Medical equipment like wheelchairs or canes
  •     Future medical care for your injury

Future costs are calculated based on what is expected for a given injury. For example, someone who suffers a traumatic brain injury in a car accident might need long-term rehab and follow-up care for years. These costs will be included when calculating damages.

The ability to recover financial compensation for medical expenses depends on your records. If you are injured, keep copies of all medical bills, prescription receipts, and related travel expenses. 

  1. Lost income and reduced earning capacity

Being hurt can prevent you from working for days, weeks, months, or even permanently. If you miss work, you might be able to recover lost wages, missed bonuses or commissions, sick leave or vacation time you used, and lost future earning capacity if your injury requires you to change jobs.

A perfect example of lost future earning capacity is a construction worker who suffers a spinal injury on a job site. They might be able to return to work eventually, but their physical abilities will prevent them from doing the same job. In this situation, they could recover compensation for what they could have earned before their injury.

  1. Pain and suffering

Some injuries qualify for pain and suffering when the physical and emotional pain has a serious impact on daily life. This can be awarded based on emotional distress, chronic pain, loss of enjoyment of life, and permanent physical limitations. Pain and suffering recognizes that some injuries aren’t visible. However, these losses are subjective and require extensive documentation from medical providers and sometimes a mental health provider to demonstrate.

  1. Property damage or other financial losses

Some accidents also result in damage to personal property. For example, if you were involved in a car accident, you might need to pay for vehicle repairs while renting a car to get to work and your medical appointments. Motorcycle accidents often involve property losses beyond the vehicle, as riders usually need to replace their helmets and riding gear after a crash.

  1. Loss of consortium and wrongful death

Catastrophic injuries and fatal accidents can cause family members to experience significant loss. Depending on the state, some accidents qualify for compensation for:

  •     Lost companionship
  •     Lost financial support
  •     Funeral and burial expenses
  •     Loss of household services
  •     Emotional suffering experienced by surviving family members

These forms of compensation cover a variety of situations, like the need to pay for childcare, manage daily household tasks, and in-home caregiving services.

In wrongful death cases, these damages can help the family cover unavoidable financial expenses. While financial compensation can’t bring a loved one back, it can provide much-needed financial stability while a family adjusts to their loss.

  1. Punitive damages

Depending on the situation, personal injury cases can sometimes qualify for punitive damages. This compensation is designed to punish especially reckless behavior or intentional misconduct to discourage similar behavior in the future. Punitive damages are often seen in drunk driving accident cases and intentional assaults. However, these damages aren’t common and are reserved for cases involving conduct that goes far beyond general carelessness. 

Every injury case is different

The financial compensation available after an injury depends on a variety of factors, including the severity of your injuries, how your injuries impact your life, if you share fault for the accident, your lawyer’s ability to negotiate, and your state. 

That’s why you never want to pursue an injury claim alone. A skilled personal injury lawyer will fight to ensure your compensation reflects the true impact of your injuries.

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