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Plaintiff 101: What are Damages in an Injury Lawsuit?

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This article is the third in a short series called Plaintiff 101: Things to Know Before, During and After Litigation.

how much is my lawsuit worth

When you have been injured as a result of someone else’s negligence, you may be entitled to receive compensation for “damages,” or what you have suffered and lost as a result of the incident. The amount of money you’re able to recover depends on exactly what happened and the permanent impact of your injury.

Below are the different types of legal compensation available to injury victims, broken down into three categories:

  • Physical, mental and emotional injuries
  • Injury-related needs
  • Losses

While an experienced attorney will more thoroughly explain the possible damages you may be able to recover in your unique lawsuit, this outline is a good overview of what you might discuss.

Physical, Mental, and Emotional Injuries

Disfigurement: Injury-related physical deformity or disfigurement, resulting in mental suffering

Permanent Disability: Lifelong disability as determined by a qualified medical professional

Mental Anguish: Severe emotional distress associated with the injury or the incident leading to the injury

Pain and Suffering: A monetary value placed on past and future physical pain related to the incident and/or injury, which is based on the nature and severity of the injury as well as the possibility of future pain

Injury-Related Needs

Medical Expenses: Bills and expenses for injury-related medical services, such as physicians, specialists, therapists, ER treatment, hospital stays, and more

Future Medical Expenses: A proven need for continued medical care for the injury, with a monetary value based on the professional opinion of the treating physician

Household Services: The cost of assistance around the house while the plaintiff recuperates

Losses

Lost Wages: The amount of money a plaintiff would have earned at his or her job, had the injury not occurred, from the date of the injury to the date of the conclusion of the lawsuit.

Lost Earning Capacity: The amount of money that might have been earned in the future if the injury had never occurred

Loss of Consortium: The loss of the advantages of married life after the injury occurred, including affection, companionship, sexual relations between the spouses, and more

Loss of Enjoyment of Life: The deprivation of enjoyment related to the daily pleasures of life, sometimes grouped with pain and suffering

Hopefully, this outline has provided an informative breakdown of possible damages you may be able to seek in your lawsuit. Of course, this post is not meant to replace a professional consultation or advice from a lawyer. If you’re thinking about filing a lawsuit, check out my post about choosing a good lawyer.

Please stay tuned for the next post in this series!

 

 

ABOUT JOHN BAIR

John Bair has guided thousands of plaintiffs through the settlement process as co-founder of Milestone Consulting, LLC, a broad-based settlement planning and management firm. Milestone’s approach is comprehensive and future-focused. John’s team has guided thousands of clients by taking the time to understand the complexities of each case. They assess the best outcome and find the path that enables each client to manage their many needs. Read more about Milestone Consulting at http://milestoneseventh.com/.

 

 

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