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What damages can you claim in a personal injury lawsuit?

On Behalf of | Jan 5, 2023 | Personal Injury

One of the first questions that usually comes up when someone looks into a personal injury lawsuit is how much their case is worth. The answer to this isn’t always easy to determine because there are several factors that come into the picture. The factors that are included in the evaluation of a personal injury claim amount include the severity of the injury, medical expenses, other related expenses, loss wages, the age of the victim, the amount of available insurance, and several other factors as well.

Medical bills

Medical bills are often one of the costliest damages in a personal injury claim. This includes all expenses, including doctor bills, rehabilitation, therapy, medications, and other related costs. You can’t just think only about the bills you’ve already received. You also have to consider what medical expenses you’ll have in the future.

Lost wages

Missed wages are another type of damage you’ll be able to claim if you were employed at the time of the crash. This covers the money you weren’t able to earn because of the injuries. Think about the time you had to take off for medical care, as well as fringe benefits you’re missing. Even paid time off that you used while you were recovering counts, you may be able to recover that amount. Also, future loss income is also recoverable.

Comparative fault

Louisiana uses the comparative fault method of determining how personal injury claims are handled. This means that the award to the plaintiff is reduced by the percentage of fault they have for the incident. For example, if a jury finds that a plaintiff  has $100,000 in damages, but they also find the plaintiff was 25% at fault, the award is reduced by 25%. The plaintiff would recover only $75,000 because $100,000 minus $25,000 (25%) is $75,000.

Working with someone familiar with personal injury cases is beneficial because they can help you to determine exactly what types of damages you can claim and how to best prove those claims.