Personal injury cases arise from negligence. If the acts or omissions by the defendant are deemed negligent, then the plaintiff is entitled to damages.
Damages can be both economic and non-economic. The amount of damages awarded will depend on the specific circumstances of the case. Nonetheless, here are a few factors that the court will consider.
1. Economic damages
Medical treatment is not free. Even a short trip to the emergency room can cost several hundred dollars. Insurance may cover some of the costs, but it rarely covers everything, particularly when further treatment is required.
A personal injury claim can help ensure that the plaintiff’s medical expenses related to the accident are covered. This includes doctor visits, surgeries, medication as well as ongoing treatment such as rehabilitative therapy.
In cases where the plaintiff has suffered permanent injuries, the amount of compensation awarded will likely be significantly higher. This is due to the prospect of the plaintiff never working again.
2. Non-economic damages
Not all damages can be easily measured in monetary value. However, the court can award non-economic damages. Consideration can be given to how emotionally traumatic the accident and its repercussions are. The court may also consider how the accident and resulting injuries have impacted the family life of the plaintiff.
It’s important to remember that damages for pain and suffering cover physical pain, loss of consortium and emotional distress.
If you were injured due to negligence, financial damages may be a possibility. You can pursue these by filing a personal injury claim. To get the most out of your claim, it will help to first seek legal guidance.