What Compensation Can I Receive from a Personal Injury Claim?
Different types of accidents can cause different types of personal injuries which can lead to different types of compensation. Knowing the different types of compensation you could receive can help you calculate the compensation you should receive for the damages you suffered. However, you can only receive compensation if you can prove the other person caused your injuries through an act of negligence. Talking with a Delaware personal injury attorney can help you with proving negligence.
TYPES OF COMPENSATION FOR PERSONAL INJURIES
The type of personal injury compensation you could receive depends largely on the type of accident and the types of damages you suffered. There are two main types of personal injury damages called compensatory damages and punitive damages. Compensatory damages can be further broken down into objective and subjective types of compensatory damages.
Objective types of compensatory damages can be easily measured and calculated with simple math. Common examples of these types of damages include medical bills, income loss, and property loss. All of these are measured in monetary amounts. Medical bill damages add up all the money you had to spend on any injures caused directly by the accident. Income loss, also called lost wages, is determined by looking at how many days of work you missed because of your medical appointments or need for recovery. Property loss damages involve damage to your car or other belongings.
Subjective types of compensatory damages involve emotional distress like PTSD, pain and suffering, loss of enjoyment, and loss of consortium. Emotional distress or pain and suffering are often considered interchangeable and involve any kind of psychological damages you suffered from the accident like stress, anxiety, or physical pain. Loss of enjoyment damages may involve suffering a severe disability or amputation. A loss of consortium means the damages negatively impacted your interpersonal relationships.
Punitive damages are rarely offered because they only apply for cases where the judge wants to punish the person who caused your injuries to discourage future behavior like this.
PROVING NEGLIGENCE FOR A PERSONAL INJURY CLAIM
Proving negligence in a personal injury case can be a complicate process depending on the various factors that come into play. You have to prove first that the other person directly caused your injuries. Next, you must prove the damages you suffered and limit the requested amount to the minimal amount you need to return to your pre-accident state.
Different causes of personal injuries come with different ways of proving your personal injury claim with evidence. For example, car accidents require a police report, pictures of the wreckage, and the other driver’s auto insurance information. A slip and fall accident may simply require pictures of your injuries and the loose wires on the floor that made you trip.
PERSONAL INJURY ATTORNEY IN DELAWARE
Proving a personal injury claim tends to involve a multitude of steps that can be difficult to manage when you have other life responsibilities. Talk to a Delaware personal injury lawyer if the damages you suffered were caused by someone else’s negligence. Call Edelstein Martin & Nelson today at (302) 295-5050 for a free consultation. Our team of lawyers will help you collect the evidence you need.