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Attorneys Chris Keller, Rob Melchiorre and Paul Walsh each began their legal careers as Assistant State Attorneys.

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Types of Damages in a Personal Injury Claim

Whenever someone is hurt due to the negligence of another person or entity, they may be eligible to file a personal injury lawsuit. The purpose of a personal injury claim is to recover damages, also known as losses, that the victim has experienced as a direct result of that negligence. In order to have the best chances of getting a full recovery for those damages, the victim will need to get in touch with an attorney as soon as possible.

The law firm of Keller, Melchiorre & Walsh have a team of expert legal representatives who have the skill and seasoning necessary to help you obtain the full and fair compensation you deserve. You can give us a call at (561) 295-5825 to schedule a free consultation, or you can contact us online.

Types of Damages in a Personal Injury Claim - KMW Legal Tampa Boca Raton West Palm Beach Jupiter Florida Attorneys

Types of Personal Injury Accidents

A “personal injury” is a physical or mental injury caused by someone else’s negligence. It can also include property damage. Victims will oftentimes file a personal injury lawsuit against those responsible for the accident.

Some of the more common examples of personal injury cases include the following:

When you file this kind of lawsuit, you’re probably not taking direct action against the at-fault party. Rather, you’re suing their insurance company. There are exceptions, of course. If, for example, you were hit by an uninsured driver, you might have to sue that person directly. Most of the time, however, plaintiffs in personal injury lawsuits are suing insurers.

In the vast majority of instances, insurers will eventually offer a fair settlement. How much you may be able to obtain will depend on several factors, which we’ll cover in the next section.

Factors that Determine Your Settlement Amount

Most of the time, the more severe a victim’s injury, the more they can expect to receive in compensation. If you have a broken leg that’s going to heal completely in a couple of months, you probably won’t get as much as a victim with a debilitating traumatic brain injury.

But there are a lot of complexities involved in getting what you deserve. That’s why you’re going to need the help of a seasoned attorney in order to obtain maximum compensation.

Types of Damages You Can Recover

Here’s a few examples of the kinds of damages you might be able to recover if your personal injury lawsuit is successful.

Past and Future Medical Treatment

This is one of the complexities mentioned above. You may be eligible to receive compensation for the medical bills associated with the injury you’ve suffered due to the accident. However, you might also need ongoing treatment, and that, of course, will mean more medical bills in the future.

Some injury victims will accept a settlement offer before they have a good idea of what those future expenses will be. When they do this, they’re responsible for those ongoing bills. That’s why you should never even talk to the at-fault party’s insurance company – much less agree to any settlement – unless you have an attorney by your side.

Home Modification and Durable Medical Equipment

Victims will sometimes suffer injuries that are so severe they can’t even get around their home without help. They need special modifications in order to do so. This could mean the installation of a lift so they can get upstairs, or the installation of wheelchair ramps at all entrances to the home. Doorways may need to be widened in order to accommodate a wheelchair, or some other type of mobility device.

This is all incredibly expensive, of course. When an injury victim is successful in their case, however, the compensation they receive will often cover any home accommodations they may need.

In-Home Care

There are certain types of injuries that are so debilitating a victim can no longer care for themselves. They can’t make their own meals, or even dress themselves without help. As you can imagine, this can put an incredible strain on other family members. They will often need the assistance of in-home professionals as a result. A successful personal injury claim could also pay for this type of care.

Loss of Earning Capacity

Certain types of injuries can make it impossible for a victim to continue in their profession. If someone is a carpenter, for example, they will very likely lose their livelihood if they lose an arm in a car wreck. They might have to find another job, one that won’t come close to paying what they used to make. Victims may be able to obtain compensation for this loss of earning capacity.

Past and Future Lost Wages

Your sick time and vacation time will only go so far if you have to miss work for weeks, months or longer. Eventually, you’re going to start missing paychecks. Taking action against those responsible for your injury could help you obtain compensation for not only the wages you’ve already lost, but those you’ll continue to lose until you can get back to work.

Pain and Suffering

The damages listed above are tangible, and fairly easy to calculate. But you may also be able to get compensation for more subjective damages, such as pain and suffering. A knowledgeable attorney will be able to calculate how much you should receive.

Disfigurement and Scarring

This is another form of damages that is subjective. If you’ve been severely burned on your face, for instance, that will permanently change your appearance. This could cause you a great deal of emotional and mental trauma, and you may also feel humiliated. Your attorney can work to obtain compensation for these damages as well.

Loss of Consortium

Loss of consortium takes place when a spouse is no longer able to provide the companionship, intimacy, services or support they once could. Suppose you and your husband enjoyed taking a walk around the neighborhood every night. But your husband can no longer do this because of his injury. An attorney could help you obtain loss of consortium damages as a result.

Will I Receive a Settlement, or Will My Case go to Trial?

As you learned earlier, the odds are very good that you won’t have to ever step foot in a courtroom, since the insurance company will very likely make a fair settlement offer. If they don’t, however, then a trial will be your only way to get the maximum compensation you deserve.

In either case, you’re going to need solid proof to get what you have coming. Gathering the evidence needed to deliver that proof will be the most important thing your attorney can do. If your case does go to trial, your attorney may call in expert witnesses to make your claim even stronger.

KMW Will Help You Get the Compensation You Deserve

Let the attorneys with Keller, Melchiorre & Walsh put their expertise to work for you. Use our online contact form or call (561) 295-5825 for a free case review.

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