The experience of going through an accident can be a truly difficult and harrowing one, and it can range from a minor inconvenience to an experience that will forever change the way in which you live your life and potentially support your family. When you have been injured in an accident, covering your medical expenses and treatment will be your first concern, and once you begin recovering from the accident, you’ll begin to look forward to the future and wonder what implications the accident might have in terms of future medical needs, and your earnings ability.
Often, you can recover damages for your injuries and the related losses through a personal injury claim if you can show that the at-fault party behaved in a way that was reckless or negligent, causing the accident and injury to yourself and any others involved.
If you have been in an accident that was due to the negligence of another person or a business, one of the attorneys from Spaulding Injury Law is here to answer any questions and to assist in recovering the best possible compensation for your injuries. We provide personal injury representation for a variety of cases, including:
- Brain injuries
- Motor vehicle accidents
- Pedestrian accidents
- Neck and back injuries
- Drunk driving accidents
- Product liability
- Slip and falls
- Wrongful death
Damages Available for Your Personal Injury
Within the context of most personal injury cases, there are two primary types of damages available to the injured party – economic damages and non-economic damages. Whether you have been injured on the job or elsewhere, it is recommended you consult with a lawyer before pursuing your compensation.
Economic Damages
The key purpose of economic damages is to compensate you for the out-of-pocket costs that you have experienced as a result of the accident. In general, economic damages include costs linked to your:
- Medical bills: this covers the expenses that you experience linked to the diagnosis, treatment, and rehabilitation of injuries related to the accident. In addition to treatment for the immediate injuries that resulted from the injury, you might also have additional treatment or medical costs associated with any short- or long-term disabilities that might have resulted from the injury.
- Lost earnings: when you are unable to work as a result of your injury, whether during the time immediately following the injury or during a longer period of recovery, you are entitled to compensation for the time you missed. This also includes compensation for any sick time or vacation time that was missed as a result of the injury. Such information is collected through employer records, which your personal injury attorney knows who to officially request to use in assistance of your case.
- Property damage: any damage for the repair or replacement of property harmed during the accident is generally also covered in your damages, which also includes the value of any property in your vehicle or on your person that was damaged during the accident.
- Lost earnings capacity: some injuries are not possible to recover from in any amount of time. If your injury has permanently affected your health and your mobility, you may be unable to return to work that pays as much as before, or you may not be able to return to work at all. Your compensation would include damages for the amount you would have earned were it not for the injury.
Non-Economic Damages
In relation to your injury, there are a number of non-economic damages that might be available to you, however, they can be difficult to accurately calculate as they are subjective, meaning that your individual experience will inform their scope and amount. Non-economic damages include:
- Emotional distress
- Mental anguish
- Pain and suffering
- For wrongful death, loss of companionship
Punitive Damages May Also be Available
In some incidents, injured victims can be entitled to exemplary or punitive damages. This might apply when the injured party or their personal injury attorney can demonstrate proof of the at-fault party’s willful misconduct, malice, negligence, oppression, or wantonness. Such damages are generally available in situations in which the conduct of the party that caused the injury had engaged in outrageous conduct and/or severe wrongdoing.
Some punitive damages are meant to deter future related activity, with such damages often being available in motor vehicle collisions caused by drunk drivers. If you have been hit by a drunk driver, you might be entitled to punitive damages in addition to your economic and non-economic damages, adding to your compensation.
Key Factors in Your Personal Injury Case
In order to collect for a personal injury from an at-fault party, it must be demonstrated that the at-fault party had an obligation to engage in behavior counter to what caused the accident, and were it not for the violation of their obligation, the injury would not have occurred. For example, if you are driving on the road, other drivers have a responsibility to be attentive, alert, and sober. If you are hit by a driver who was using their smartphone in violation of road law or driving while drunk, they have violated their duty to drive responsibly and are liable for your damages.
Why Filing a Personal Injury Case is Important
The cost of your accident and the related injuries is often more than you might anticipate, and it is entirely natural that you might not know the full value of your losses. Experienced personal injury attorneys have worked on a number of similar cases and can assess what damages you are entitled to construct the case you need to collect them.
When choosing an attorney, it is important to find one that you fit with. We have a number of attorneys at Spaulding Injury Law, and you can review them on our website, and our entire team is ready to help injured clients whenever possible.
Connect with a Duluth Personal Injury Lawyer
To discuss a potential injury case and options on how to make the most of your compensation, speak with a Duluth personal injury attorney from Spaulding Injury Law as soon as possible. Please schedule a free consultation with us today.
