When a business owner or driver is negligent and does not enforce his duty of care to employees and other road users, the negligent business owner or driver should be held responsible and made to pay for their negligence.
But, what kind of compensation can you get? What kinds of claims can you file against the company or the individual? If you have a personal injury lawyer, they’ll know what to tell you.
They’re in the best position to tell you what kind of compensation to file. If you’re curious though, and can’t wait, here are different types of compensation you can qualify for in a personal injury case.
Psychological and Emotional Suffering or Distress
This is a tort lawsuit whereby the “injury” is more mental or emotional. Psychological and emotional distress constitutes general damage. It is a type of harm that is typically sustained in an accident. This is commonly expressed in the form of post-traumatic stress disorder (PTSD) and is often a by-product of accidents.
A good example of PTSD is a person who has been in a pedestrian accident but can’t walk past the location where he was hit. This happens because he is still traumatized by the accident.
If a plaintiff can prove to the jury that the defendant has caused him damages (anxiety, PTSD, etc.) he can file for compensation for the emotional distress that he has had to experience as a result of the incident.
A plaintiff can seek compensation for lost wages if he can prove that the injuries inflicted on him by the defendant caused his injuries. And as a result, he also lost some income or wages.
For instance, if as a result of the injuries sustained in the accident, the victim ends up spending 3 months instead of one week, the victim can sue the defendant for lost wages and may be compensated for wages lost during the said period.
This causes a lot of emotional pain for the plaintiff as in most cases it lasts for a lifetime. It could be the loss of a body part, like a limb, an eye, an ear, etc. The damage usually depends on which body part has been affected and the severity of the injury.
A person who has been involved in an accident that causes him physical disfigurement will sue the defendant in a bid to have them cover the cost of medical treatment, reconstructive surgery, etc.
Loss of Consortium
As a result of an accident, the plaintiff spouse or partner may sue the defendant for loss of conjugal relations, or any contribution a partner may make towards the relationship because of the defendant’s negligence which resulted in the accident.
This on the part of the plaintiff could be affection, monetary, companionship, etc. It is non-economic damage as it is not easy to quantify. In America, loss of consortium is an element of damages. In some jurisdictions, the only spousal consortium is recognized and in others, parental consortium.
After an accident, the negligent or at-fault party may have to compensate the accident victim who may need additional medical care as a result of the negligence of the at-fault party’s responsibility in the course of the accident. A Personal Injury Attorney New York City or the area of the accident will be in the best position to help you negotiate this.
Compensation may cover current medical costs, future medical costs, or past medical costs. A plaintiff must have records/evidence that the money being paid is actually to offset medical bills as a result of that particular accident.
Loss of Ability to Work and Earn an Income
Apart from the fact that a person may get compensated for injuries, he may also be compensated for a lifetime because of the effect of the injury/ injuries he may have sustained as a result of the accident.
Known as disability payment, this is mandatory if as a result of an incident, a plaintiff sustains permanent injuries that prevent him from going back to work. He may sue for loss of ability to earn future income and be compensated for expected future earnings before his retirement.
In most cases, personal injury victims may not be aware that they are entitled to more than medical bill reimbursement. This is why you need a seasoned personal injury attorney. They can help identify and assist a client who is being cheated out of his compensation claims, as well as help him recover it.