Personal injury claims are cumbersome and can take a toll on the plaintiff and defendant, mentally. The most frustrating part is deciding what should be included in a claim and demanding appropriate compensation. After all, be it regarding a road accident or a slip and fall injury, the extent of damages far exceeds the physical value.
Of course, it makes sense to include the basic damages that you bear along with suffering an injury and that too for someone else’s fault. But should your claim include just the damages to your vehicle and medical bills? Or should it include something else too? What about the loss of income and decreased quality of life? It is rightly said here, https://www.shreveportlawyer.com/car-accident-lawyer-shreveport-louisiana/ that without proper legal representation, chances are that you will not receive full compensation for damages. Therefore, a careful assessment of what needs to be claimed and what can be excused is necessary. And it is only possible with the help of legal consultation.
Never mind, you can still have a rough idea about what things or damages you must include in your claim. Or rather should discuss with your attorney before filing a claim.
The Regular Damages That Every Claim Must Include
Irrespective of the type of case, there are certain damages that you must include. Or simply, your personal injury claim is primarily based on these damages.
- Medical Bills
Since your claim for compensation is against personal injury, there needs to be proof that you’ve suffered the injuries. And nothing is better than the medical bills that clearly state for the treatment and medicines that were administered to you. Moreover, since your injuries are not your fault, legally you’re entitled to seek the payment for your treatment from the at-fault party. So, the very first and most importantly the only damage that no claim can overlook is the medical expenses for getting the treatment for the concerning injury.
- Property Damages
Another common damage that you can include in your personal injury claim is the damage to your personal property. Now, these damages can extend to various limits- it could be your phone that got damaged when you tripped and fell, or it can be the damage to your car or motorcycle during a road crash. Or it could be entirely different- something like damage to your home if a vehicle collided into your house. All in all, you must include such damages to your claim.
- Mental Anguish
Of course, you must have suffered a lot of mental trauma due to the damages and injuries. It’s not easy to suffer the consequences of the wrongs of somebody else. And surely the at-fault party must also compensate for the mental trauma that you’ve gone through. So, it is another damage that you can include into your personal injury claim.
The Special Damages That May Vary from Case to Case
Besides the common ones, some damages are case dependent. And likewise, they need to be included in the claim accordingly.
- Loss of Consortium or Companionship
If the injury or the accident has caused the death of your companion (your pet, or your partner, or just the fellow passenger), it can also be claimed. However, the compensation for these special claims varies from state to state.
- Loss of Income
In several cases, an injury may leave you incapable of going for your job. Subsequently, you can lose the wages for the days you don’t go to work. But, since you’re not the one to be blamed for being incompetent at work, you are entitled to seek compensation for the lost income.
- Future Loss of Income
There can be instances when an accident could leave you incapable of performing your regular job. For example, you may have to get a limb amputated following a car crash to prevent infection from spreading to the whole body. Of course, when you’re one limb short, either you won’t be able to do your job the same way, or you might not be able to perform it at all. Whatever be the reason, you can still claim for the wages that you may lose in the future.
- Punitive Damages
Apart from the apparent losses, there can be several other punitive damages. For example, lost keys to your apartment or minor injuries to your companion all fall under this category. Depending upon your case, your attorney may suggest including these punitive damages to your claim as well.
Regardless of the type of claim or the number of damages that you seek compensation for, the decision would still rest in the hands of the jury panel or the court. However, you would still be receiving the minimum justified compensation if your claim is legitimate. And in this regard, your lawyer can help you determine what damages you must include in your claim.