You may have been struck by a car that ran a red light. You may have slipped and fallen because someone failed to clean up objects or debris on their driveway. You may have been hit by a falling object at a construction site, because a construction worker did not properly secure the site. In any of those cases, if you sustained injuries from someone else’s failure to take proper precautions (i.e., if they acted negligently), then you likely have a personal injury claim.
Damages Are Meant to Get You Back to Where You Were Before the Accident
We know that if we have been injured by something that was not our fault, we want to make sure, at the very least, that we be put back in the position we were in before the accident. That could mean having our damaged car fixed or replaced. It could also mean that you receive medical care at no cost to you, so you can recover from your injuries.
Well, the law in Florida and throughout the country has that same goal. In fact, the whole purpose behind the concept of personal injury damages in a lawsuit is to get the injured person back to the way they were prior to the accident whenever possible.
That said, when an accident results in permanent injury to someone, the goal of damages is to get the injured person to a circumstance that is as close as possible to their quality of life before the accident. Thus, in personal injury lawsuits there are many different types of damages you can claim.
In this article, we will discuss the various types of damages available as part of a personal injury lawsuit. If, after reading this article, you have more questions about a possible personal injury claim in your life, we invite you to contact the Law Offices of RITE Law. We can help. Our number is (904) 500-7483 or you can fill out our contact form online. We provide a free case evaluation, so call today.
Personal injury damages fall into two main categories: damages for economic losses, and damages for non-economic losses.
Economic damages are meant to be a legal award that provides the actual dollar amount of your loss, whether it is money for medical bills, or to repair property.
1. Medical Care Expenses
Many personal injury cases, as you would expect, involve medical costs to heal from whatever injury you suffered. Medical costs can arise from many sources, and a personal injury damage award can cover all of them. They include items such as the cost of:
- Ambulance transportation;
- Emergency room treatment and hospitalization;
- Surgery, lab fees, and other medical tests;
- Rehab services;
- Home care; and
- Medical equipment.
2. Future Medical Costs
Personal injury damages not only cover your current medical bills, but also the future costs for your medical care as a result of the accident. They can include follow up visits with a physician or rehabilitation services.
3. Lost Income and Ability to Earn
If an injury means that you need to be out of work for a period of time, or you cannot work because of an accident, then you may request in your personal injury lawsuit damages for lost wages. Indeed, if an accident is so serious that you are not able to continue in a career that you previously had, you should be compensated for that loss, which is considered loss of future earnings.
4. Repair of Your Property
If you lost property, such as a damaged car, because of an accident, then you may also demand that your property is repaired or replaced as a reasonable form of damages.
5. Wrongful Death
If an accident resulted in the death of a loved one, then the family members of the victim can seek damages for the medical and funeral costs surrounding the loss of that loved one.
It is important to note that paying bills or replacing property does not necessarily bring a personal injury victim back to the place he or she was prior to the accident entirely. There are, of course, non-tangible pain and suffering and emotional issues relating to an accident. Those losses deserve compensation as well. Therefore, a valid form of personal injury damages includes pain and suffering, and damages for emotional distress (such as anxiety or depression).
Finally, in the unfortunate circumstance where someone is killed, that person’s spouse or other family member can claim damages for loss of companionship. Of course, a lawsuit cannot bring an accident victim back. But monetary damages is the only way the courts can help ease suffering for the victim’s loved ones.
Have Jacksonville, Florida Attorneys Help You with Your Personal Injury Claims
Slips, trips, and falls can occur almost anywhere – retail stores, parking lots, apartment buildings, restaurants, hotels – and they are often the result of a neglectful business or corporation. When an injury occurs due to a dangerous condition that could have been avoided, the property owner may be held liable for that accident.
Personal injury claims involve injuries that one party alleges are the result of another party’s negligence. Examples include slips and falls but can also include claims involving negligent maintenance, negligent security, and products liability.
Most personal injury claims are resolved through informal resolution at mediation or arbitration when those involved, their insurers and their legal representation, enter into a settlement agreement to resolve the case through a monetary payment rather than a jury trial. If an informal resolution is not possible, a formal personal injury case is initiated by the filing of a civil complaint against another party (person, business, etc.) claiming some type of negligence that cause them harm.
If you have a personal injury claim resulting from a slip, fall, or other type of negligent action, the Law Offices of RITE Law can help. Please call us at (904) 500-7483 or fill out our contact form online. We provide a free case evaluation with one of our experienced attorneys. There are no upfront fees. We are compensated once a recovery is made on your behalf.