Accidents are unfortunate situations, and when they are caused by another party’s negligence, you are entitled to compensation to make you whole. This means you should be compensated to be put in a position as though the accident had never happened. The value of your compensation can be difficult to determine, especially when an accident causes long-term disability or might involve emotional trauma and other pain and suffering. This is one of many reasons why a personal injury attorney is of particular value for your case.
Have you been in an accident caused by the negligence or illegal actions of the at-fault party? The personal injury attorneys with Spaulding Injury Law are here to guide you through the process and make the most of your case. We help clients who have experienced a variety of accidents and injuries, like traumatic brain injury (TBI), neck and back injuries, product liability, slip and falls, wrongful death, car accidents, truck accidents, pedestrian accidents, and drunk driving accidents.
Being injured in an accident with an at-fault party will entitle you to a variety of sources of compensation, depending upon the unique facts and circumstances of your injury. For example, if you were injured on the job, you might be entitled to workers’ compensation, which an attorney can advise you on. Injuries that happen on the road or when you are a customer in a retail location also regularly lead to claims for damages from the liable parties.
The purpose of economic damages is to cover whatever financial losses you face as a result of the injury. This often includes the cost of your medical treatment, including any emergency care after the injury and ongoing treatment that you might require as you recover and rehabilitate from the injury. Medical bills should be covered even if you have not yet received full treatment, as many serious injuries require ongoing and future treatment. Repairs for your property damage, whether to your motor vehicle or personal effects involved in the accident, can also be covered in your damages.
Outside of your medical and property losses, your economic damages also include lost wages and lost earnings you experienced or will experience due to your injuries. If you might have ongoing medical issues as a result of the injury, this can also lead to disability. When you are unable to return to work while receiving treatment and recovering, you are entitled to compensation for all of your lost wages. If you cannot return to work, or an equal-paying position due to your injury, then your attorney can help you seek recovery for future lost earning ability.
Non-economic damages include pain and suffering, mental anguish, and emotional distress, and in the instance of wrongful death, the loss of companionship – sometimes referred to as the loss of consortium.
The non-economic damages available to an individual injured in an accident will vary widely based on not only the unique facts and circumstances of the accident, but also the unique disposition and experience of the injured person. Having an attorney with relevant experience can help to determine what aspects of your experience are compensable and how to incorporate them into the damages you seek.
You might have heard the term punitive before in terms of the criminal courts, but when it comes to civil cases to compensate you for your damages, punitive damages generally mean punishment for the behavior that caused the accident, meant to deter future activity. Outrageous or Prohibited Conduct Might Entitle You to Punitive Damages. They are available when the conduct the at-fault party engaged in was particularly outrageous or was prohibited by law.
Road rage might lead a driver to intentionally put others in harm’s way, and depending on the specific conduct, a road rage crash might lead to punitive damages. Have you been in an accident with a drunk driver? A common source of punitive damages is in motor vehicle accidents involving drunk drivers, and if you’ve been hit due to the illegal activity of drunk driving, you may be entitled to punitive damages, in addition to your economic and non-economic damages.
To collect damages for your personal injury, another party must have had some duty to not engage in the behavior that caused the accident, and due to their violation of that duty, the accident happened and caused your injury that resulted in damages. For example, driving while texting or using a smartphone is against the rules of the road, and when drivers break the law and cause an accident, they are responsible for the injuries and damages that result.
What you need to prove is that the at-fault party was negligent, which is a complex legal principle, and negligence determinations will depend on the unique facts and circumstances of your situation. A slip and fall in a store due to poor cleaning by management, a product sold with defects that malfunctions, or an accident with a speeding driver are common compensable accidents.
While you might wonder whether you need a lawyer for your injury claim, it is important to know the many benefits of having legal representation. Your attorney will be your advocate and ongoing point of contact through your claim, as they take over all contact and negotiations with the insurance companies and opposing parties to remove the stress from your day-to-day life. They will ensure that you do not inadvertently accept a settlement that is far below what you deserve.
Finding a personal injury attorney who practices in your area and has experience with cases similar to yours can improve the outcome of your injury claim in many ways. To explore options for a possible injury case, you should never wait to discuss the matter with a Norcross personal injury attorney at Spaulding Injury Law. Reach out to schedule a consultation with us today, so we can assess your rights.
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