Every personal injury situation has both unique aspects and common factors. When evaluating how best to seek compensation for any type of loss, an experienced review of each relevant fact in the case is critical. If negligence is involved, for example, the status of insurance, contributing factors or multiple potentially liable parties may have a direct bearing on the strategy chosen. Whether medical malpractice or a car or truck accident was the cause of damage, personal injury claims follow some basic guidelines.
According to FindLaw, some injuries or damages that may substantiate a financial claim include the need for future medical care, general damages, disfigurement, loss of consortium, the need for household renovations or assistance and lost earning capacity. Some of these categories are fairly obvious: future medical expense may come into play if a person is seriously injured and is likely to require therapy or care into the future. Housing changes may be required if someone is wheelchair bound due to an injury, and past medical expenses can be calculated and presented in court.
Other items are less clear-cut. Loss of consortium means that a person has been deprived of the companionship and benefits associated with married life. Individuals who lose a child may seek compensation for loss of consortium of a child. Other types of damages include loss of society or loss of enjoyment of life. In emotional cases, the awards for such damages can be very high, which is one reason defendants may seek to settle out of court.
Individuals may also seek compensation for loss of earnings. In this case, plaintiffs may need to prove a realistic ability to earn at a certain level over the course of life prior to incurring injury or damage.
There are no clear cut guidelines that place a value on an injury. A review of each individual’s circumstances is the way to determine the plan to seek compensation. Attempting to gain additional monies from those responsible for the injury through a loss of earnings claim is a sound effort that can provide future financial security for victims and their families.
Source: FindLaw, “Economic Recovery for Accidents and Injuries” Aug. 15, 2014