Personal Injury

Personal Injury Lawyer Bayside

May 2, 2022

What Damages Are Awarded in Personal Injury Cases?

In the wake of an event or accident that resulted in you getting injured, one of the first things you may consider is what you’re going to do about all the new expenses related to the injury. Even an injury that isn’t catastrophic can be a real nuisance, keeping you out of work and forcing you to undergo medical procedures and physical therapy. In any case, if you’re injured because of someone else’s negligence, you deserve to be fairly compensated for expenses related to the injury.

But a lot of individuals don’t know the full extent of what damages cover following an injury-causing event or accident, and there are also misconceptions out there regarding damages. To know all about damages and what they’re used to cover in personal injury cases, read through this blog.

Call 1-800-HURT-511 if you’re seeking damages following an accident. The personal injury lawyers in Bayside we partner with will make sure at-fault parties are held accountable so you get the damages you deserve.

How Are General Damages and Economic Damages Different?

Before we can talk about specific kinds of damages at length, we need to talk about what damages are. Damages is a legal term for the compensation a plaintiff can be awarded after filing a personal injury suit. There are two main types of damages: general damages & economic damages.

General Damages: Expenses like pain and suffering as well as loss of life enjoyment are covered by general damages.

Economic Damages: Expenses like medical bills and property damage repair costs are covered by economic damages; economic damages are typically used to cover fixed-cost expenses.

Most awards include both general and economic damages, and some even include punitive damages. If there was gross negligence exhibited on the part of the defendant, the plaintiff may be able to claim punitive damages.

Will Damages Offset Medical Expenses?

Medical bills collectively tend to be a large expense for injured individuals following an event or accident, so awarded damages are often used to cover medical expenses. In New York, you’ll have to pay associated medical bills up front, but your health insurance will cover some of the cost. If you can’t pay the bills out of pocket up front, you can sign an agreement, wherein you essentially pledge that you’ll pay your bills once you’re awarded damages.

Should Medical Attention Be Sought Right Away?

Seeking medical attention after you sustain an injury is important for a variety of reasons. When you get medical attention right away, you’ll get a full picture of your injuries, and these exams are important because they may detect event/accident-related injuries that haven’t manifested yet. All injuries will be documented, as this way there’s a link between the injuries and the event or accident that caused them. If there’s no link when you bring a suit seeking damages, it’ll be hard to prove the injuries are related to the event or accident in question.

Will Damages Offset Future and Past Lost Wages?

When an individual gets hurt in an event or accident, it’s likely they won’t be able to work afterward, possibly for a long time. But it’s not just scheduled work days you had to miss that you’ll get compensated for; you’ll also get compensated for work you would’ve done but were unable to do because of your injuries. Simply put, you get compensated for past and future wages. A variety of factors will be used to calculate exactly how much money you missed working, and while lost wages are technically covered by economic damages, a bit of judgment goes into determining a total lost wages figure.

Can a Plaintiff Receive Damages for Pain and Suffering?

In a personal injury case, a plaintiff is likely to seek damages for pain and suffering. A variety of factors are used to calculate the monetary cost of pain and suffering, but calculating this figure is largely a matter of judgment. It’s hard to quantify mental anguish and associated hardships that tend to be covered under general damages. Usually, if an accident has caused a plaintiff to face an excruciating ordeal, a judge and jury will be more inclined to award a high damages figure for pain and suffering. On the other hand, if an accident results in just minor property damage and some superficial injuries that can be recovered from quickly, it’ll be hard for a plaintiff to justify a high damages figure.

What Do Damages Cover in a Wrongful Death Suit?

A wrongful death suit can be filed after an accident victim succumbs to their injuries. In most cases, a wrongful death suit is brought by the accident victim’s beneficiaries. Damages may be sought by a spouse, children, or parents. Loss of companionship, loss of a provider, and emotional trauma are all elements that’ll be used to determine a total damages figure here. Damages can also be awarded to cover funeral costs.

How Will a Personal Injury Lawyer Come Up With a Total Damages Figure?

To come up with a total damages figure, a personal injury lawyer will account for all injuries and property damage that resulted from the event or accident. They will account for both economic and general damages, and they will make sure all possible damages are being sought by their client. If it’s not sought, it won’t be granted. This is but one reason why it’s great to have a qualified and experienced personal injury lawyer on your side when you file a lawsuit. They’ll know how to properly calculate a total damages figure.

Does a Lawyer Get a Cut of the Damages?

Yes, a personal injury lawyer will get between 33 and 40% of the award they secured for their client. This sum is used to cover the cost of their assistance, as well as expenses racked up by bringing a lawsuit. A personal injury lawyer is incentivized to get the highest damages figure possible for their client, as the total damages figure is directly related to how much compensation they can collect (should they win).

Is Hiring a Personal Injury Lawyer Worth It?

Hiring a personal injury lawyer in the wake of an injury-causing event or accident is a good move for a variety of reasons. A lawyer will help their client focus on recovery, and they’ll make sure their client pursues damages properly. They’ll negotiate for their client, and if they’re unable to reach a fair settlement, they’ll take the case to trial.

The search for a reliable personal injury lawyer can be frustrating. We understand this. That’s why we’re a one-stop solution for those seeking high-quality legal assistance. The lawyers we partner with have recovered over a billion dollars for their clients, and you don’t have to pay for their assistance unless you win money. Here’s why they’re sought-after: