Going through an accident can not only damage your vehicle and your body, but also your ability to work and support your family. Knowing whether or not you can collect damages for your injuries through a personal injury claim can make the difference between being fully covered for your injury and all its related costs or having to foot the bill yourself. Keep reading to learn more about what types of personal injury claims you can file and the value of a personal injury attorney in helping you make the most of your damages.
A Peachtree Corners personal injury attorney from Spaulding Injury Law has handled many personal injury cases, and if you’ve got a case, we know how to get you the best possible compensation. We handle a wide range of injury claims, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Slip and falls
- MARTA accidents
- Dog bites
- Product liability
Types of Damages for Personal Injuries
Being harmed in an accident when another party is at fault can entitle you to a variety of different types of damages. When you are hurt in an accident, the potential damages you can collect are for economic damages and non-economic damages and depending on the facts and circumstances of your injury, you could also be entitled to punitive damages.
Economic Damages
Economic damages are those costs associated with your accident that come out of your pocket, including emergency medical care, follow-up medical treatment, and any rehabilitation needs that might accompany the injury. In addition to repairs to your body, the economic damages available for your accident can also include the cost of repairs to your vehicle and the cost of any personal property that is damaged or lost during the accident. This property can include property that was in your vehicle or on your person during the accident. Beyond damage to your vehicle and body, your ability to earn and support your family is also taken into account.
The purpose of working is to provide income to support yourself and your family, and without income or with reduced income, you cannot generate the support for your family that you need to. First off, you are entitled to lost wages during your medical treatment and recovery from the injury, including any sick benefits or vacation time you might also have missed out on. If you can no longer support your family as a result of your injury, then you can be compensated for the loss of economic value associated with the accident in terms of what you can no longer earn.
Non-Economic Damages Include Pain and Suffering
There are a variety of non-economic damages that might be available to you from the accident, including pain and suffering, emotional distress, mental anguish, and when you have lost someone due to an accident in a wrongful death, also the loss of companionship of that person. When you lose a loved one in an accident, you can bring a lawsuit to collect on the lost value of their financial and emotional contribution to your family.
The amount of non-economic damages that you are awarded will depend upon the unique facts and circumstances of your case, including how the injury and the experience of the injury impacted you personally. An experienced personal injury attorney understands what experiences are compensable and will advise you on what damages to pursue.
Punitive Damages are Sometimes Available like Drunk Driving Accidents
When the party that caused an accident was engaging in a behavior that laws and procedures have attempted to regulate against, or in some other situations, you can be entitled to damages for your injury. For example, if you are in a car accident with someone who was driving aggressively and engaging in road rage, they should be liable for your compensatory damages and may be liable to you for punitive damages. Drunk driving is another prohibited or outrageous behavior that can make the party liable for your injuries also responsible for paying punitive damages.
Proving Your Personal Injury Case
In order to collect damages for a personal injury, there must have been an at-fault party whose actions were the cause of your injury. In addition to proving liability, you also must prove the losses you incurred to support the value of your claim. Presenting sufficient evidence to prove the negligence of another party, as well as to support your future or intangible losses, can be highly complicated, and insurance companies often challenge these aspects of your claim.
Make sure that you find a personal injury attorney with experience with cases similar to yours for the best outcome of your case. A personal injury attorney on your side can help to identify which parties might be liable for your injuries and how to best pursue your fullest compensation.
Overview of the Claim Process
You might picture a personal injury case going straight to court, but in reality, many claims never involve a courtroom. The process generally begins with insurance claims, whether against another driver’s auto insurance, a company’s general liability insurance, or a landlord’s property insurance, among others.
Insurance adjusters will do everything they can to limit your settlement, including telling you that you do not need a lawyer and often making a fast settlement offer that is far too low. Never accept a settlement without first discussing it with a skilled attorney, as you might leave a lot of money on the table.
Your attorney will present evidence to support your claim and negotiate a fair settlement. If the insurance company does not cooperate and make a favorable offer, your lawyer can then escalate the matter by filing a personal injury lawsuit in civil court. Most injury lawsuits are able to settle during pretrial negotiations.
Reach Out to a Peachtree Corners Personal Injury Lawyer
To speak with a Peachtree Corners personal injury attorney from Spaulding Injury Law who knows how to protect your rights, don’t wait to schedule a consultation with us today. We are dedicated to assisting injured clients and their families throughout the area.
