Amanda Antell  |  February 19, 2018

Category: Consumer News

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PERSONAL INJURY CLAIM red Rubber Stamp over a white background.A personal injury investigation is reviewing claims alleging negligence, with many consumers choosing to file legal action and get their own personal injury lawyer.

These claims often allege damages for medical bills and loss of wages. Disputes between the injured party and the alleged party responsible often makes the involvement of the personal injury lawyer necessary.

Personal injury cases are often filed by people who have sustained some kind of injury and have had to contend with mounting medical bills. The personal injury lawyer involved in the case may examine the amount of damages the plaintiff suffered from the injury, often based on medical expenses and loss of income, before determining whether or not legal action is the right option.

Personal injury lawsuits can be filed against an individual or a big company, with the allegations stemming from the nature of the injury, how the injury occurred, and the medical damages and loss of wages incurred. In addition, potential claimants can also sue for loss of consortium or loss in overall quality of life if the injury resulted in permanent damage.

Overview of Personal Injury Compensatory Damages

The personal injury lawyer involved in the case will help determine which damages are appropriate to seek and advise the claimant on what compensatory damages they are eligible for.

It is important to note that there are different kind of compensatory damages a claimant can get, with some damages easier to estimate than others. In other words, physical damages with medical bills are easier to exhibit than emotional damages like pain and suffering.

Overall, a personal injury lawyer may try to pursue the following compensatory damages:

  • Medical Treatment: Medical care costs can be pursed that were directly incurred from the accident. This can include both present and future medical bills.
  • Loss of Income: Loss of wages that were incurred due to claimants being forced to take time off work due to the injury can be pursued. This can also include future wages lost if the claimant is out of work for awhile.
  • Property Loss: Money can be lost due to property damages of any kind as a result of the accident, in which compensation can be sought based on the fair market value of the property lost.
  • Pain and Suffering: These are damages that occurred as a direct result of the accident, along with severe pain and discomfort.
  • Emotional Distress: Typically associated with more serious incidents, this form of compensation is designated for psychological impact from injury including fear, anxiety and loss of sleep. This is sometimes combined with pain and suffering damages.
  • Loss of Enjoyment: Loss of enjoyment is when the injury has caused a permanent infraction on the claimant’s life, preventing them from fully enjoying their lives like exercise or other hobbies.
  • Loss of Consortium: These are damages relating to the claimant’s sex life or relationship with their partner. In some cases, the affected family member may be awarded these damages instead of the claimant.

Negligence is defined as “the failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury, death, property damage.”

While not all injuries and accidents can be prevented, the personal injury lawyer must establish that the defendant could have prevented the incident from occurring.

If you or a loved one were injured due to the negligence of another party, and you have recoverable damages, you may have a viable personal injury lawsuit. Get a free evaluation of your potential case by filling out the form on this page now!

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If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

Please Note: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client, if you potentially qualify, or getting you dropped as a client.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.