The Full Scope of Personal Injury Damages
Have you been injured in an accident that someone else caused? If so, you could be entitled to personal injury damages, a legal term for the financial compensation it takes to remedy the harm you’ve suffered because of the at-fault party’s actions. These damages come in two main types: economic damages, which cover the dollar-and-cents costs you’ve sustained, and non-economic damages, which cover more subjective harms like pain, suffering, and emotional distress.
You might already be aware of some of the damages you could be entitled to, including coverage of your medical care, the cost to repair or replace damaged property, and money to offset any wages you’ve lost. You’re probably also familiar with the term “pain and suffering,” but may not know what exactly that entails. In actuality, these damages are just the tip of the iceberg. A comprehensive legal claim can help you recover money for the full extent of the financial and personal harms you’ve suffered because of what happened.
Compensation Beyond Immediate Medical Bills
The cost of medical care is often one of the most important types of economic damages, especially in cases of severe injuries. These damages in your case should include not just the care you’ve already received for your injuries, but also your ongoing care and the treatment you may need in the future, too. You could be entitled to compensation for:
- Emergency medical treatment you received, including ambulance transport, ER care, hospitalization, diagnostic testing, and surgical procedures
- Ongoing medical care, including physician follow-up visits, prescription medications
- Medical equipment, assistive devices, and home modifications necessitated by your ongoing condition
- Anticipated costs for surgeries, specialist care, rehabilitation, and occupational therapy to adapt to your condition
Factoring in Lost Earning Capacity and Future Income
You've likely already lost out on income if you've had to miss work while treating your injuries. In addition to money to offset wages, salary, and other income you've lost up to this point, you could also be entitled to compensation for the reduced earning potential you might suffer in the future due to long-term impairment. You could be entitled to these economic damages if:
- Your injuries prevent you from rejoining the workforce in any meaningful capacity
- You can still work, but not in your old career, requiring a transition into a less profitable field
- You can continue your career, but your impairment causes you to miss out on promotions in the future
The Invisible Toll: Evaluating Non-Economic Damages
Serious injuries can have severe consequences, not all of which are obvious to the naked eye or have a clear dollar value. Some of the most common “hidden damages in car accident cases” include:
- Pain and suffering, or the physical and emotional discomfort caused by injuries and their treatment
- Emotional distress, or the psychological toll of undergoing a traumatic experience, such as anxiety, sleep disruption, and post-traumatic stress disorder (PTSD)
- Reduced quality of life caused by visible scarring and disfigurement, or from the ways that impairment affects the ability to perform daily tasks or take part in favorite activities
These losses don't come with an obvious price tag, as they are inherently subjective and personal in nature. However, they can also be the biggest factor in a catastrophic injury case value. If your case goes to trial, it will be up to the court to decide on a figure it thinks accurately reflects your situation based on the severity of your injuries, your age, and the evidence you present about how you’ve been affected.
However, the vast majority of successful injury cases end in a settlement rather than a court verdict. In these cases, attorneys and insurance companies use formulas to approximate how a court would decide. There are two main approaches:
- The multiplier method – This involves adding up all the economic damages and then multiplying them by a number between 1.5 and 5 to arrive at a final figure, with a larger number reflecting more serious injuries.
- The per diem method – In this method, the parties agree to a figure that represents a daily (per diem) rate, usually the wage that an accident victim earns in an average day. They then multiply that daily figure by the number of days the victim’s impairment is expected to last to arrive at a figure accounting for non-economic damages.
Property Damage and Incidental Out-of-Pocket Expenses
Property damage is one of the most immediately obvious losses in car accident claims, but it doesn’t end at the cost of repairing or replacing a damaged vehicle. In addition to that expense, victims may be entitled to compensation for:
- The cost of having to find specialized transportation
- The inconvenience of being temporarily out of a car and needing to find a replacement
- The expense of modifying homes and vehicles to account for ongoing impairment
- The cost of hiring help around the house
How a Kansas City Personal Injury Attorney Builds a Complete Case
As you can now see, a successful personal injury case can account for both the economic and non-economic ways an accident has harmed you. However, without the help of an experienced Kansas City personal injury attorney, you might wind up leaving a lot of money on the table. While you rest and recover, your attorney can:
- Gather evidence of who caused the accident and what you’ve already suffered as a result of it
- Consult medical experts to learn the likely long-term effects of your injuries
- Talk to your loved ones to better understand the less obvious, personal struggles you’ve endured because of your injuries
- Work with accountants and economists to project the money you may no longer be able to earn because of ongoing impairment
Don’t make the mistake of accepting an early settlement offer from an insurance company. Whatever figure they give you is likely far less than you could be entitled to. They’re hoping that you sign away your rights now before you realize the true value of your case.
Instead, ask Presley and Presley Trial Lawyers about what your case may really be worth. We’ve recovered tens of millions of dollars on behalf of our clients, and here’s what one had to say about their experience here:
“After interviewing four other firms, we met the Kirk Presley team. Impressive! They are all hard-working, amazing professionals who know the legal system inside and out. They pursued all avenues, digging deep to assure a fair settlement for two separate suits and were victorious with both. It was a long process, and they never slowed down. They were patient, kind, encouraging, and informative. Kirk is upfront on all the possible outcomes, and his team is relentless in getting to the truth. They are highly regarded in the legal community. You definitely would not want to be on the opposite side of this brilliant firm! Hands down, I recommend Kirk, Sean, and the team.” – P.S.
Contact us today for your free consultation.
