The reality of driving or engaging in other everyday activities is that no matter how careful one is, and regardless of how carefully one follows safety rules, accidents do happen. When they do, people get hurt, and their lives can change. In some situations, accidents can be fatal.
If you are one of those who have been unfortunate as to be involved in an accident, then chances are you have several questions about what your rights are. Fortunately, the law offers a mechanism for those who have been injured in an accident to be compensated for their injuries by filing a personal injury claim. A personal injury claim, however, can only be successful if the injured victim seeking compensation shows that the person against whom they have filed a claim was negligent in causing the accident.
If you have been injured in an accident caused by a negligent person or entity, our Spaulding personal injury attorneys are ready to help you in guiding you through the legal process to obtain maximum compensation for your injuries.
We have experience handling different types of personal injury cases, including:
- Auto Accidents
- Drunk Driving Accidents
- Truck Accidents
- Boating Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Back and Neck Injury
- Brain Injury
- Slip and Falls
- MARTA Accidents
- Product Liability
- Dog Bites
- Lyft and Uber Accidents
Damages Available to Accident Victims
If someone or an entity is negligent, and their negligence causes an accident in which you are injured, the law provides that you can seek and obtain damages as compensation for your injuries. Damages are monetary compensation the person or entity that caused the accident is required to pay to put you financially in the same position you would be without the accident.
There are different types of damages available under the law to victims in personal injury cases, and these are economic damages, non-economic damages, and in some cases, punitive damages.
Economic Damages
Economic damages are monetary compensation you as the injured person receives to cover all the out-of-pocket costs you incurred and paid because of the accident, and these typically include:
- Medical Bills – An accident victim is entitled to have any expenses related to diagnosis, treatment, and rehabilitating their injuries paid by the person or entity that caused the injuries. You can also be compensated for anticipated treatment you will receive in the future, especially if you have suffered permanent impairment or disability.
- Lost Earnings – All time you have missed from work and corresponding lost income because of your injury can also be recovered as part of the compensation. This includes any vacation or sick leave you missed because of your being injured. To obtain this type of compensation, you must provide documentation for all of this, which can easily be obtained by having your employer provide proof such as pay stubs and tax records. If you are self-employed, then there are other ways to document this, including bank statements.
- Property Damage. Property damage requires money expended to repair or replace your damaged vehicle that was involved in the crash. Property damage can also include compensation for property that was inside the car and was damaged or rendered useless because of the accident.
- Lost Earning Capacity – Certain significant injuries such as back and spinal cord injuries that cause paralysis and traumatic brain injuries that leave the victim temporarily comatose or for life would likely have lasting adverse effects. An injured person who is unable to return to work or is forced to take a different job because of this long-term effect from the accident may be able to receive financial compensation for the amount they would have otherwise earned had they not been negatively impacted by the accident.
Non-economic Damages
Non-economic damages are monetary compensation an injured person obtains that does not correlate with financial losses. Because these are subjective with no receipts or bills as proof, it is not easy to calculate with precision how much they should be. Instead, you want an experienced College Park personal injury attorney to evaluate the evidence available and then decide as to what amount, if any, the injured victim should get. Proving non-economic damages can be challenging since they are mostly about what the victim experiences but with no documentation or other proof to back them up.
Non-economic damages include the following:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of companionship or consortium
Punitive Damages
In addition to economic and non-economic damages, a person who has been injured in an accident may at times be awarded what is referred to as exemplary or punitive damages. This is a rare but sometimes available monetary award for an injured victim who demonstrates by legally sufficient proof that the person or entity that negligently caused the injury did so willfully or with malice. However, this is not a common compensation as it is usually reserved for the most extreme and outrageous cases of wrongdoing.
Moreover, the punitive damages are intended to financially penalize the liable person or entity for their willful or malicious conduct and therefore deter them from ever acting in the same manner in the future.
Establishing a Personal Injury Claim
To successfully seek and win a personal injury claim, one must meet and satisfy the following elements of a personal injury claim:
- The person or entity you are suing has a legal duty to keep you safe from harm. This duty could be something as simple as following traffic laws on the road or removing obvious hazards from a place in their property that is accessible to the public.
- The person or entity you are suing failed to meet or otherwise violated this duty or obligation or violated a safety law.
- Because of this violation, an accident occurred that caused injury to you and/or others.
- You suffered provable financial losses because of the injuries.
Contact a College Park Personal Injury Lawyer Today
If you have suffered an injury because of an accident that was caused by someone or an entity that was negligent, Spaulding Injury Law can help. Please contact our office today for free legal consultation.
