Damages You May Be Entitled To
There are two different classes of damages that you may be entitled to in a personal injury claim. The first is what lawyers referred to as special damages and the second is referred to as general damages.
The following includes Special Damages which you may be entitled to:
- Property Damage. If your vehicle has been damaged as a result of the fault of someone else, you may be entitled to the reasonable repair cost of your vehicle or the difference in the fair market value before and after the accident. If your vehicle is a total loss, then generally the measure of your damages is the fair market value before the accident.
- Medical Care. If you are injured as a result of the fault of another, you may be entitled to recover the reasonable value of necessary medical care, treatment and services rendered before a trial. These damages are generally measured by the actual expense incurred. You may be required to present the testimony of a doctor to prove these damages. You may also be entitled to recover future medical expenses that are reasonably likely to be incurred as a result of the accident.
- Lost Wages. You may be entitled to recover the reasonable value of either your time, earnings or salaries, as well as the present cash value of those losses that are reasonably probable to be lost in the future.
- Other Special Damages. On occasion, other items of special damage may be recovered including domestic help or travel expenses to secure reasonable medical treatment.
The following includes General Damages which you may be entitled to:
- Disability. You may be entitled to a recovery for disability if you are unable to lead a normal life as a result of your injuries.
- Disfigurement. If you have suffered any disfigurement as a result of the accident you may be entitled to a recovery of damages.
- Pain and Suffering. You may be entitled to a recovery for pain and suffering for the physical and mental discomfort caused by your injuries.
- Loss of Enjoyment of Life. You may be entitled to recover for loss of enjoyment such as where you have an inability to pursue activities that you once enjoyed.
- Earning Capacity. You may be entitled to loss of earning capacity if you have a permanent diminishment of your ability to earn money.
- Loss of Consortium. If you’re married at the time of an accident, your spouse may be able to make a recovery for loss of consortium. Loss of consortium usually includes the damage the accident has caused to your relationship. Under certain circumstances, loss of consortium can extend to your children as well.
In order to determine whether you may be entitled to damages as a result of an accident, contact Caldwell Law Group PLLC, now.