Types of compensation in a personal injury case

If you or a loved one suffered injuries in an accident, you could collect compensation for your losses. A personal liability lawyer from our law firm can fight for what you deserve, including various types of compensation, such as medical expenses, lost income, awards for pain and suffering, and other damages. 

Your attorney can help you by gathering the crucial evidence proving your case and damages, determining all at-fault parties in your case, and negotiating for a fair settlement or taking your case to court.

You could be entitled to compensatory damages

Individuals who file a personal injury lawsuit can generally expect compensatory damages for their injuries if they are successful. Compensatory damages are designed to reimburse or compensate an individual for their expenses and any suffering due to an accident and injuries. Contact personal injury attorney in Fort Lauderdale for more help.

The other types of damages, so-called punitive damages, are infrequent and generally imposed by the court to punish a particularly reckless defendant.  

What are special compensatory damages?

Special damages are also called “economic damages.” These types of damages should compensate a victim for monetary losses incurred in an accident. 

Generally, victims could pursue a range of compensatory damages, depending on their injuries’ severity, expenses, and case facts. Special compensatory damages that victims can seek may include but are not limited to:

Loss of income and future loss of income

An accident victim who suffered extensive and severe injuries may be unable to work for a long time. In cases where the individual suffered a catastrophic or permanently disabling injury, they may never return to their career. 

In general, victims are entitled to loss of income and future income loss in personal injury cases.

Healthcare expenses and future healthcare costs

Depending on the nature and severity of an injury, healthcare costs can be astronomical and ongoing. Victims could seek all medical expenses, including medical treatments, physical therapy, the cost of medical devices, the cost of a home health aide, and others.

Other special compensatory damages can include:

• Loss of future earning capacity
• Property damage, such as repair or replacement of a vehicle
• Transportation costs
• Out-of-pocket expenses

However, those who suffered from serious injuries also experienced potential mental and physical anguish and a loss of life quality. Therefore, individuals could also recover general compensatory damages, so-called “non-economic damages.” 

Can I recover general compensatory damages?

If you have suffered physical pain and discomfort or emotional trauma, you could potentially receive general compensatory damages in addition to special compensatory damages. 

Examples of general compensatory damages can include:

• Emotional distress
• Physical pain and suffering
• Loss of companionship
• Disability
• Loss of a limb or a sense
• Reduction of life enjoyment

A car accident lawyer in Fort Lauderdale can help assess your general and special compensatory damages comprehensively and pursue a fair settlement on your behalf.

Damages available in a wrongful death case

Costs of accident injuries can be astronomical for victims and those left behind after a victim dies due to a wrongful or negligent act.

A wrongful death case generally arises when a victim that would have had grounds for a personal injury case passes away due to their injuries. Wrongful death cases are designed to compensate the family of the decedent for the loss of their loved one and the financial and emotional consequences. Close relatives, such as the spouse or children of the deceased, are generally able to benefit from a wrongful death settlement. 

Damages can include but are not limited to:

• Burial and funeral costs
• Costs of medical expenses before death 
• Pain and suffering before death
• Loss of benefits and income from the deceased
• Loss of consortium

How a personal injury attorney from our firm can help

Handling a personal injury lawsuit on your own can be tricky, time-consuming, and stressful. However, with the right personal liability lawyer on your side, you can recover from your injury while they are working on your case, fighting for what you and your family deserve. Important ways in which a personal injury lawyer from our law firm can advance your case can include:

Gathering evidence to prove your case and damages

It is important to note that without evidence proving negligence or fault of the defendant, your case is unlikely to be successful, even if another party is responsible for your injuries and losses. However, a personal lawyer from our team can collect the evidence proving fault in your case. 

Your attorney will also have access to expert witnesses, such as accident reconstruction professionals, who may be required to help prove your claim.   

Similarly, if you have damages but no concrete proof of damages, such as medical reports linking your injuries to the accident in question, it will be tough to recover compensation. However, a lawyer from our team can speak to your medical providers and collect the evidence required to prove your injuries and other damages. 

Evidence can include: 

• Statements
• Bills
• Receipts of expenses
• Pay stubs to prove income loss

Negotiate with insurance companies 

Most personal injury cases are resolved out of court. However, getting what you deserve out-of-court can be challenging. The insurance company responsible for compensating you may not be willing to agree to a fair settlement. 

Handling the insurance companies on your own can be full of pitfalls and potentially cause you to leave money on the table. Our personal injury lawyer knows how to negotiate with the insurance company and, most importantly, knows when the time has come to pursue fair and comprehensive compensation in court.

If the insurer is dragging its heels, your attorney can take your case to trial, fighting for the compensation you’re entitled to.