One of the first questions often asked by car accident victims is whether they can recover compensation for the harm that been caused to them and, if so, how can they go about doing so. This is an important question that essentially forms the basis of a personal injury lawsuit. But we understand that legal matters can be confusing, so we hope this post will help you better understand exactly what type of damages you can recover if you decide to pursue and are ultimately successful on legal action.
There are a number of damages that you and your attorney need to take into consideration when looking at the amount of compensation you seek to recover. You’ll need to think about each of the following.
This sounds pretty straightforward and easy to calculate. After all, you probably have medical bills that show what your out of pocket costs have been up to this point. While those amounts are recoverable through a personal injury lawsuit, your recover doesn’t stop there when it comes to medical expenses.
You can also recover expected future medical expenses, too. Therefore, before engaging in negotiation and litigation, you need to have a clear sense of your prognosis and how much it’s going to cost to treat your condition. Your need for rehabilitation can also be taken into consideration when addressing these matters. In order to get a better sense of your true damages in this category, you might need to consult with a medical expert who can then testify on your behalf at trial.
Again, this might seem like an easy damage to calculate, but you can’t neglect any future wages that you expect to miss out on as well as any lost earnings capacity. This requires you to assess your education, training, and experience in light of your profession and try to project what you would have earned if you hadn’t been injured.
Just like with future medical expenses, this can be a tricky calculation to make, and the actual amount may be up for argument. Therefore, you need to be prepared with evidence to support the number you come up with, which also might require an expert.
Pain and suffering
Noneconomic damages like pain and suffering can be extraordinarily difficult to put a price on. After all, how can you put a monetary quantity on being forced to live with a painful disability or other painful physical injury? It’s nearly impossible to do. That’s why these damages are often hotly contested.
Personal injury cases in Georgia tend to utilize a particular formula to calculate these damages, but it can vary significantly depending on the severity of your injury.
Therefore, lot of it is emotional appeal to a jury, so you’ll need to know how to present your evidence in a compelling way that moves jurors in your favor, should your case end up going to trial. Therefore, you might need to put forth evidence showing exactly how your injury has affected your day-to-day life and how challenging it is to live with your pain.
There are other damages that might be recoverable. Mental anguish, for example, might be something else to take into consideration, as well as other out of pocket expenses that are tangentially related to your recovery. Exactly what you might be able to recover truly depends on the circumstances of your case, so you’ll want to be sure to discuss the particulars of your case with an attorney who is experienced in handling these matters.
Why to consider legal action
Legal action is often the only way for accident victims to recover the compensation they need to obtain financial stability and pay for their medical care. Those who need money fast and don’t want the hassle of a trial might be able to negotiate a favorable settlement, while others might want to fight it out in court for the fullest amount of compensation possible.
In other words, by taking legal action you might be able to position yourself to find accountability, stability, and a little money for the ordeal you’re going through. Succeeding on one of these claims can be challenging, though, which is why you might want to work with a legal advocate who can help you come up with a strategy to maximize your chances of recovering the compensation you need and deserve.