Charlotte Injury Lawyers Blog
Collecting Compensation for Personal Injuries After an Accident
Thousands of people a year are injured due to accidents that are not their fault. In North Carolina, you may collect damages from a negligent party as long as you were not negligent yourself. After a serious accident you are likely facing not only emotional stress but also financial worries. The costs associated with injury treatment, rehabilitation, and recovery can be immense. The negligent party should be required to pay for your damages. There are various damages that you may be owed for your injuries.
Compensatory Damages
Compensatory damages are also sometimes called actual damages. These are costs that you incurred or will incur as a result of the injury. There are two types of compensatory damages – economic and non-economic. Economic damages are those that are verifiable. These include medical bills, lost wages, and property repairs, among others. Non-economic damages are those that are subjective, including such things as pain and suffering, loss of consortium, and emotional distress.
Types of Compensatory Damages
There are a variety of compensatory damages that you may incur as a result of an accident. These include:
Medical Expenses
Medical expenses usually make up a majority of your damages. Medical damages are all the costs associated with the treatment and care of your injuries. These include many items such as the ambulance to the hospital, emergency room care, hospital stay, surgery, medications, rehabilitation, physical therapy, and more.
Lost Wages
Injuries usually require time to heal. As a result of the accident you could have to stay home from work either for a period of time or permanently. You may be owed money for the time you are unable to work. This could include future earning capacity in some cases.
Pain and Suffering
Injuries can be painful. They may cause both physical and emotional suffering. Money for pain and suffering is meant to provide compensation for physical discomfort and mental anguish that you felt while you were injured and recovering. The amount of compensation will be based on the evidence you provide.
Property Damage
In addition to your physical and emotional injuries, you may also have had property damaged as a result of the accident. You are entitled to be compensated for any damaged property. In the case of a car accident, the insurance company will generally provide an estimate for repairs. If the vehicle is a total loss, you are entitled to the fair market value of the car before the accident.
Permanent Disability
In some cases, an injury turns out to be permanently disabling. You may never fully heal from the accident. If you are facing a permanent disability or disfigurement, it can create lifelong suffering and stress. You deserve compensation to cover your future medical costs as well as for your emotional needs.
Loss of Consortium
Loss of consortium refers to the damages your injuries have on your family and loved ones. You and your family may be owed money for the loss of companionship or inability to provide support due to a serious injury.
Punitive Damages
In addition to compensatory damages, the law allows for compensation for punitive damages in some cases. Punitive damages are meant to punish the negligent party for their conduct. Punitive damages only apply in cases where the negligent party’s actions were intentional or showed a willful disregard for the safety of others. In general, punitive damages are capped at three times the amount of compensatory damages awarded in a case.
If you or a loved one were injured in an accident that was not your fault, you may be owed compensation for your damages. The law limits the time to file a claim, so don’t wait to get legal help. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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