If you have been injured due to the fault of another, then you are entitled to compensation for your losses. While the exact amount of damages will depend on your particular situation, there are certain types of damage that are present in most personal cases, according to Premier Law Group injury attorneys.
Physical Injury: If liability is proven, then you are entitled to compensation for your physical injuries. However, there is no set amount for a particular injury. A broken arm, for instance, is not worth the same in all cases. Instead, the amount of damages is to be determined by the trier of fact. Some of the factors in making this determination are the nature, extent, and duration of the injury. In addition, the effect the injury has on the individual is very important.
Pain and Suffering: Most victims that meet with a personal injury lawyer generally are most concerned with this issue. The amount that is recoverable for this element is again within the discretion of the trier of fact and will depend on many of the same factors as stated above. If you do not fully recover from your injuries, you are entitled to be compensated for your future pain and suffering so long as there is a solid basis for your claim.
Medical Expenses: If another person is found responsible for the collision, you are entitled to recover the medical expenses which you have incurred. This is true even if your medical expenses are paid by a collateral source, such as your own health insurance or through the medical payments provision of
your automobile insurance policy. This right is provided for in the Arizona Constitution and covers most situations, but there are some exceptions. The most common one arises when your medical expenses are paid for through AHCCS, workman’s compensation, medicare, or pursuant to an ERISA plan. In those cases, there may be a need to reimburse the plans out of the amount you recover from the party at fault.
The law also allows for you to recover for medical expenses which you may incur in the future if you do not fully recover from your injuries. In order to recover this type of damage, you must be able to prove not only that there is a reasonable probability that future medical care will be needed and given as treatment, but also prove its reasonable value. Expert medical testimony is needed to help establish these two points.
Lost Wages and Loss of Earning Capacity: If you miss work because of the accident, you can recover for your loss of income. This is usually a straightforward issue if you work on salary and are completely off of work. You can also collect for lost income if you work on commission, but it may be more difficult to prove your loss is due to the accident.
Proving damages is never simple. A certified personal injury specialist has the special training and expertise that will help you obtain the maximum amount for your injuries.