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Understanding Personal Injury Claims: Exploring Damages and Entitlements

Man speaking with his personal injury lawyer after an injury to his arm where he has to wear a neck brace and sling.
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Personal Injury Claims are legal disputes that arise when one person suffers harm from an accident or injury, and someone else may be legally responsible for that harm.

The injured party may have the entitlement to receive compensation for the damages they have suffered in these cases. Damages refer to the losses or injuries sustained by the plaintiff due to the defendant’s conduct. In this Personal Injury Claims blog, we will discuss the different types of damages that individuals can claim in a personal injury case.

Medical Expenses

One of the most common types of damages claimed in personal injury cases. These damages include all medical costs related to the injury, such as hospital bills, doctor’s fees, medications, and rehabilitation expenses.

In most cases, the plaintiff has the entitlement to recover all past and future medical expenses related to the injury.

Lost Income

Suppose the injury prevents the plaintiff from working. In that case, they may also be entitled to recover damages for lost if the injury hinders the plaintiff from working; they may also have the entitlement to recover damages for lost income. This includes any wages or salary the plaintiff would have earned if they had not been injured. Lost revenue can consist of past and future wages and any lost earning capacity due to the injury.

Pain and Suffering

Pain and suffering damages are intended to compensate the plaintiff for the physical and emotional pain and suffering caused by the injury. This includes any discomfort, physical pain, emotional distress, and mental anguish suffered by the plaintiff due to the injury. Pain and suffering damages are challenging to quantify and are usually left to the judge or jury’s discretion.

Property Damage

If the injury resulted in damage to the plaintiff’s property, such as a car or other personal property, they

Suppose the injury caused damage to the plaintiff’s property, such as a car or other personal property. In that case, they may be entitled to recover damages for repairing or replacing the damaged property. The amount of damages awarded for property damage will depend on the value of the property that the injury damaged.

Loss of Consortium

In some cases, the injury may cause the plaintiff to lose the companionship or support of a spouse or other loved one.

In these cases, the plaintiff may have the entitlement to recover damages for loss of consortium. This type of damages intends to compensate the plaintiff for the loss of affection, companionship, and support they have suffereddue tof the injury.

Punitive Damages

Courts award punitive damages in Personal Injury Claims where the defendant’s conduct was particularly egregious or malicious. These damages intend to punish the defendant for their actions and deter similar behavior in the future. Courts do not make punitive damages available in all cases, and they usually only award them in cases where the defendant’s conduct was particularly egregious or intentional.

Wrongful Death Damages

In cases where the injury causes the plaintiff’s death, the family members may be entitled to recover damages for wrongful death.

. Wrongful death damages are in

Wrongful death damages intend to compensate the family members for the financial and emotional losses they have suffered due to the plaintiff’s death. These damages may include funeral expenses, medical expenses, lost income, and loss of companionship.

Emotional Distress

In some cases, the injury may cause the plaintiff to suffer emotional distress or psychological trauma. This may include symptoms such as depression, anxiety, or post-traumatic stress disorder. If proven, the plaintiff is entitled to damages for emotional distress caused by the defendant’s conduct.

Loss of Enjoyment

If the injury prevents the plaintiff from participating in activities they previously enjoyed, they may be entitled to recover damages for loss of enjoyment. This includes any hobbies or activities the plaintiff can no longer participate in due to the injury.

Finally, the plaintiff may be entitled to recover their legal fees and other expenses incurred in pursuing the personal injury case. This includes any fees paid to their attorneys.

The Power of Attorneys in Personal Injury Cases

With an experienced personal injury attorney, discover your claim’s total value and receive expert representation for maximum compensation. Your lawyer gathers evidence, arranges expert testimony, proves total damages, and skillfully negotiates with insurance companies on your behalf. They can also argue your case in court before a judge and jury. An extensive study has found that victims who hire an attorney win three and a half times more in their final settlement than victims who try to handle their cases alone. One primary reason is that experienced personal injury attorneys fully understand the damages you deserve. They also have the skill, experience, contacts, and legal knowledge to prove the value of those damages to the full extent of the law.

Contact Houston Injury Lawyers, PLLC

Today at 713-366-HURT, learn the value of your claim in a free consultation and Personal Injury Claims.

Our skilled attorneys maximize client damages and secure fair compensation with expertise in Texan personal injury law.

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