How are Personal Injury Damages Determined?
Posted on January 16, 2019
Personal injury accidents can happen at any time and if another person was found to be negligent, you could be owed compensation for the injuries you suffered. Since there are many factors that come into play, what are damages and how are they calculated in personal injury cases?
Personal Injury Accidents
A personal injury accident is oftentimes caused by the negligence of another. If you have been injured in an accident, you can recover expenses either from the defendant or the insurance company of the defendant. Accidents that lead to personal injury can result in minor to severe injuries. This could include cuts, bruises, broken bones, head injuries and more. Even if little treatment was needed, you should still fight to receive damages. Some injuries are more severe causing the need for surgery, physical therapy and at times, a lifetime of medical assistance. Medical bills can easily rack up and since you might even need time off of work due to injuries, these bills will become difficult to pay. Health insurance may cover some of these bills, but not everyone has health insurance. This is where the damages you receive will help with any expenses that might have piled up. Always seek advice from an experienced personal injury attorney to help guide you through the process so that you will receive the damages that you deserve in a personal injury case.
What are Damages?
The damages you receive in a personal injury accident helps cover the cost of medical bills, loss of wages, property damages and even compensation for any pain and suffering. There are two different types of damages, economic damages and non-economic damages. Economic damages takes into consideration the cost of medical bills, wages and income loss along with property damages. Non-economic damages takes into consideration the pain and suffering along with the trauma you have experienced due to the accident. To recover these damages, it is the job of a skilled attorney to prove these expenses and also include past, present and future expenses that were caused by a personal injury accident where negligence played a role. Just like in any personal injury case, there are things that need to be proven to be awarded these damages. Medical records are extremely important, which is why seeking medical attention after any accident is crucial. Symptoms might show up later, so it is a good idea to be checked out right away to be on the safe side. Along with maintaining all medical records, all bills associated with the accident are needed. Other factors that might help your case include the source of injuries along with photos, doctor notes, statements from witnesses, and any police documents. A knowledgeable and trusting lawyer will know what to look for when it comes to proving the damages you are owed.
Common Personal Injury Accidents
A personal injury can be a result of different types of accidents. The most common personal injury accident are vehicle accidents. From distracted driving to speeding, auto accidents can cause serious personal injury. Other types of personal injury accidents include slip and falls, trucking accidents, and product liability. When it comes to slip and falls, it is the responsibility of the owner of the property to take the correct measures to ensure the safety of others. Product liability cases are not as rare as you may think and often times damages are received from the company. Damages can be awarded for any type of personal injury accident as long as there is proof of negligence and proof that you suffered injuries from the accident.
Hann Law specializes in personal injury accidents, having represented a number of personal injury cases. With Hann Law, you can trust that they will fight to get you the full amount of damages you deserve and hold those at fault accountable. Our experienced and knowledgeable San Jose accident attorney has a successful track record. Serving the San Jose area, Hann Law is here to represent you by listening to you and working on your side.