If you suffered injuries because of the negligent or even reckless conduct of someone else, you may find yourself contemplating filing a lawsuit. As you think about suing, you likely find yourself wondering what a lawsuit really would be worth. In a personal injury case, what you can hope to obtain in a lawsuit is based on the nature and extent of the injuries or damages you suffered because of the negligence or reckless conduct of someone else.
Overview of Compensatory Damages
In a lawsuit involving injuries sustained because of someone else’s negligence, recovery for injuries generally are classified as compensatory damages. Remuneration is sought to compensate you for the actual losses you sustained because of the negligence of a third party. Compensatory damages come in a number of different forms.
In the aftermath of an accident resulting in personal injuries, you likely face what can quickly amount to a considerable amount in medical bills. One element of damages to which you likely are entitled is compensation for medical bills and costs. This oftentimes includes not only current medical expenses, but also those that you reasonably are expected to incur in the future.
Following an accident that results in personal injury, you may not be able to return to work for a period of time. Indeed, you may never be able to return to the same type of employment as a result of injuries sustained in an accident.
You may be entitled to compensation for lost wages. As is the case with medical expenses, this may include not only current lost wages but those you reasonably can be expected to lose in the future.
Pain and Suffering
Injuries sustained as the result of an accident caused by a third party’s negligence can be very painful. In addition, oftentimes injuries need to be treated by surgery or other procedures. While these treatments are beneficial, they can also enhance pain and suffering.
As is the case with medical expenses and lost income, a person may be entitled to compensation not only for current pain and suffering, but future pain and suffering as well. There must be sufficient evidence to demonstrate that you are reasonably likely to experience pain and suffering in the future because of injuries sustained in an accident.
If you suffer emotional distress as a result of an accident, you are not alone. People involved in accidents caused by someone else’s negligence oftentimes suffer from depression, anxiety, post-traumatic stress disorder, and other conditions.
In addition to compensation for specific physical losses, you may be entitled to recovery for bona fide emotional distress. This can include not only current emotional distress but also that which you can be expected to experience into the future.
Loss of Consortium
In the aftermath of an accident, you may find that your injuries impair your relationship with your spouse. In such a case, a claim for loss of consortium may be possible.