If you have been involved in an accident, you might be wondering if you can sue for a bodily injury. If you have suffered injuries in the accident, you can pursue a personal injury claim against the liable party. Several damages can result from a bodily injury.
A bodily injury can lead to medical expenses, lost wages, pain and suffering, permanent scarring and disfigurement, and disabilities. Of course, these damages vary from one accident to another and the value of a claim is dependent on the kind of accident, what caused it and the severity of the injuries that resulted.
Determining What Damages Resulted
If you are wondering about the value of your claim. The actual value is based on those damages that you result. Your attorney will help you figure out what your injuries have cost you monetarily, mentally, and physically. Sometimes the court determines that the conduct of a defendant should be punished. When a personal injury claim is resolved, monetary damages are paid to the accident victim by the company or person who is legally responsible for the accident that resulted in the damages that were suffered.
Damages can be paid through a negotiated settlement or through the court in the form of a judgment. When you sue for a bodily injury, you are basically requesting compensation from the insurance company of the defendant, who is also considered the liable party.
The Different Kinds of Damages
When you sue for a bodily injury, there are different kinds of damages awarded. Most injuries are called compensatory damages. When compensatory damages are awarded, they are designed to make the injured individual “whole” again from a monetary aspect.
To do this, your attorney basically must help you put a dollar figure on all the consequences resulting from the accident. There are some damages that are easier to prove, such as medical bills and property damages that are easier to prove. However, coming up with a monetary value for pain and suffering or loss of enjoyment of life is much more challenging.
Common compensatory damages that are awarded in personal injury cases:
- Medical expenses
- Loss of income
- Property damages
- Pain and suffering
- Mental trauma
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive damages are awarded if the conduct of the defendant is considered extremely careless. These awards are designed to impact the defendant financially and to serve as a deterrent from such behavior in the future. Because punitive damage awards have gone into the millions of dollar ranges, most states have capped punitive damage amounts for personal injury claims. Your attorney will know your state’s limits when you sue for a bodily injury.
Consult With A Personal Injury Attorney
If you have been involved in an accident that has left you with injuries, you should consult with a personal injury attorney as quickly as possible. Your accident injury lawyer will evaluate your case and determine if it is in your best interest to sue for a bodily injury.
