You were recently injured in a car or other type of accident. You think another person caused the accident. In most states, you have the right to compensation in a personal injury lawsuit if someone’s negligence or wrongful act caused your injuries. You can be entitled to special damages, general damages, and more.

Below, find out what special damages and other types of compensation are in a personal injury lawsuit. The next step is to speak to an experienced personal injury attorney to learn if you have a case. Talking to a personal injury lawyer is free.

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What Is A Personal Injury Lawsuit?

When someone’s negligence or wrongful act injures you, you probably can file a personal injury claim or lawsuit. State law entitles you to compensation for your losses when someone violated their duty of care and caused an accident and injuries. You can receive compensation for medical expenses, lost earnings, and pain and suffering.

Several types of accidents and incidents often lead to personal injury claims:

Auto Accidents

The most common personal injury claim or lawsuit involves motor vehicle accidents. There are millions of injuries reported from traffic collisions across the U.S. annually. Common auto accident injuries are broken bones, head trauma, spinal cord injuries, and cuts and abrasions.

A car accident attorney should review your accident evidence and losses to determine if you have a case. Auto accidents can cause devastating injuries that cause hundreds of thousands in damages, and the liable driver or entity should pay.

Pedestrian Accidents

Pedestrian accidents are regular occurrences in large cities and smaller towns alike. Drivers may not pay attention at intersections and crosswalks and injure or kill pedestrians and cyclists.

Pedestrian injuries are often catastrophic. That is why you should hire a personal injury attorney to file a personal injury lawsuit against the liable driver.

Premises Liability

Premises liability claims arise when someone suffers an injury on another person’s property. The most common type is a slip and fall; others include animal attacks, dog bites, and defective products.

Your claim will be successful if you show that the property owner was negligent in the accident that caused your injuries. For example, if you slipped on a wet floor in a grocery store, your attorney will need to show that the store was aware or should have been aware of the condition and that it injured you.

Premises liability claims can be filed for incidents that occur in businesses and personal residences. These claims are often filed for accidents at restaurants, bars and nightclubs, retail stores, grocery stores, and movie theaters. Slip and fall incidents on sidewalks and parking lots can also be pursued with a personal injury lawsuit against the property owner.

Product Liability

Product liability claims are filed when a product is defective and injures someone. Product liability lawsuits involve a defective design, manufacturing defect, or lack of proper warnings or instructions.

Design defects happen when there is an issue with the product’s design. A manufacturing defect is a problem with how the product was made, and a lack of warning claim is where there was a lack of a warning or improper warning about a product’s dangers.

Wrongful Death

A wrongful death lawsuit can be filed when a person dies because of another person’s or entity’s negligence. This case is what can be filed if the person could have filed a personal injury lawsuit if they had lived. Talk to a wrongful death attorney in your community if your loved one died in an accident, and you suspect it wasn’t their fault. Wrongful death lawsuits are usually filed because of accidents, but a lawsuit can also be filed in an assault or murder case.

What Are Special Damages?

You can receive many types of damages in a personal injury lawsuit. One of them is called special damages. These are financial damages that you can quantify. Special damages are also called economic damages and include:

Medical Expenses

One of the most significant damages in a personal injury lawsuit is for medical bills. You should receive compensation for all medical expenses related to your accident, including surgery, hospitalization, rehabilitation, ER and ambulatory expenses, and prescription drugs.

Also, you may receive compensation for a severe or permanent injury for future medical expenses. For instance, a paralysis injury may require you to have millions in medical expenses for the rest of your life. Your personal injury attorney will work with your medical providers to carefully estimate your future medical needs.

Lost Earnings

You should be paid for your lost work time after the accident and during your recovery. A severe injury that prevents you from working can make you eligible for lost earning capacity. For instance, a severe head injury may render you permanently disabled. Your attorney will estimate what your future earnings would have been if you had not suffered an injury.

Household Services

You can receive compensation for being unable to do things around the home, such as repairing the house, taking care of your children, cooking, or landscaping.

You should hire a personal injury attorney to ensure you receive the most special damages compensation. Having enough money for medical care and lost earnings is critical during your recovery.

What Are General Damages?

The other major type of personal injury damages is general damages. These damages require more calculation than special damages. General damages include the following types:

  • Pain and suffering: Serious injuries usually lead to great pain and suffering. You should be paid for the discomfort related to the accident and rehabilitation.
  • Anxiety and depression: The injury and physical limitations may affect you mentally and cause anxiety and depression.
  • Reduced quality of life: The injury and recovery may make it difficult to enjoy activities you once did, such as playing with your children or exercising.
  • Permanent disability: A severe injury may be permanent, so you should be paid for the permanent loss of ability to work or enjoy what you used to.
  • Disfigurement: A serious injury, such as cuts to the face or burns, can cause permanent disfigurement.

A personal injury attorney will work with experts, such as medical providers, to understand how the injuries affect you physically and mentally. They will use this information to demand a fair amount from the insurance company.

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Will You Need To File A Personal Injury Lawsuit?

Not necessarily. Most personal injury claims involving cars and other types of accidents end with a settlement. Your attorney will file a claim with the liable driver’s insurance company and attempt to settle the claim for the most compensation possible. It’s usually to the benefit of both parties to settle the case out of court. However, some claims may proceed to a personal injury lawsuit if a fair settlement cannot be reached.

What Can You Get In A Personal Injury Lawsuit?

You may be entitled to special and general damages if you prove that another party’s negligence led to your injuries. How much you receive in compensation is uncertain; it depends on many factors. Retaining a personal injury attorney to review your claim is the best idea. They can tell you if the claim has merit and what you can receive in a claim or lawsuit. Some of the factors that will affect the amount of compensation in your claim or lawsuit are:

  • How severe the injuries are: Serious injuries from an accident will have a higher case value than minor injuries. For example, breaking your back in a car accident may lead to a case value in the millions. On the other hand, a broken arm will be worth less because the severity of injury and consequences are less.
  • Medical expenses: A severe back injury in a car accident will have a high case value because there can be expenses for surgeries, hospitalization, rehabilitation, and ongoing medical care for life. A less serious injury, such as broken ribs, will fully heal after several months.
  • Lost earnings: Most injuries will lead to compensation for lost work time related to the accident and treatments. A catastrophic injury may leave you permanently disabled and unable to work. You can receive compensation for loss of earning capacity, as well. A personal injury attorney will retain occupational economic experts to calculate the compensation you should get for lost earnings and workability.
  • Age and overall health: Your case value also depends on your age and health. A young, healthy person has a longer work life ahead of them than someone who is retired. People in good health have a large quality of life loss related to a serious accident injury.
  • Pain and suffering: A severe injury will cause significant physical pain and emotional anguish. Determining fair compensation for pain and suffering requires your personal injury attorney to work with your medical team to document your degree of pain and discomfort.
  • Insurance limits: The insurance company isn’t responsible for damages beyond policy limits, even if your damages are 10 times higher. Many auto insurance policies only cover $50,000 or $100,000 for bodily injuries per accident. It may be challenging to obtain more compensation than the insurance policy covers.

Keep in mind that your injuries can affect you differently than another person. You can have similar injuries, but they can affect you more or less. Some people can recover from a serious injury in a few months or a year, but another person can have years of recovery. Your case value depends on how quickly you recover and how you respond to treatments.

How Do You Maximize Your Personal Injury Settlement?

Seriously injured people want to get more money in their settlement. There are several ways to ensure you get the best settlement possible:

  • Get medical attention immediately: After the accident and injury, proceed immediately to your doctor or local hospital for a medical evaluation. You may be seriously injured but not know it at first. Delaying medical care can worsen your injury. Also, seeing a doctor on the same day as the accident maximizes the chances of getting appropriate compensation. The insurance company will note if you don’t get immediate medical attention and can use it against you during settlement negotiations.
  • Collect documents and evidence to support your claim: Take videos and photos of the accident scene if possible. Obtain your medical records related to the accident and lost earnings information, and give them to your attorney.
  • Don’t talk to the other driver’s insurance company: Talking to the at-fault driver’s insurance company is a mistake. They may use your statement against you. Have your personal injury attorney speak to them.
  • Consult a personal injury lawyer: This is perhaps one of the best ways to maximize your personal injury settlement. Having representation puts you in a better position to present a strong case for the total damages you deserve.

You Can Often Get More Money With A Personal Injury Attorney

You suffered an injury in a car accident and may not want to hire an attorney because of the expense. But you don’t need to worry. Your personal injury lawyer is paid by contingency agreement. This means a percentage of your personal injury settlement covers their legal fees. There are no upfront legal fees to worry about.

A serious injury victim injured by another person’s negligence will receive more money in their lawsuit than if they hire an attorney. A skilled personal injury attorney works only for you and works hard to get you the most money. They know how to value your personal injury claim and effectively negotiate with the insurance company for a fair settlement. They will also represent you in court in a lawsuit if the case goes to trial. Knowing that it will be handled appropriately, you also have peace of mind during your case.

Speak To A Personal Injury Lawyer Now

Retaining a personal injury attorney is critical to securing the most compensation for your losses. You can talk to a personal injury lawyer in your area now at no charge and find out if you have a viable case.

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