Your attorney will go over your costs and how your injury has affected your life to ensure you’ve considered everything when seeking compensation. Here are some potential damages you may discuss:
Medical expenses related to your injuries. This includes your initial hospital and doctor bills, follow-up visits, continued treatment such as physical therapy, and future expenses if you are expected to need continued care indefinitely. You should also include the cost of any mobility aids you have to buy, like a wheelchair, cane, or crutches. Items or equipment o help with your at-home physical therapy work, like tension bands, weights, balls, or foam rollers, should also be counted.
Lost income. Figure out how much time you lost at work due to your injuries, whether it was weeks or months, as your attorney will need to know that. If you are not expected to recover and are unable to return to work, you can seek compensation for your lost earning potential. This is also true if you can still work but have to take a less physically demanding job that doesn’t pay as well or cut back on your hours.
Other expenses related to your injuries. This may include transportation costs for medical visits, having to pay for food delivery if you can no longer cook for yourself, hiring someone to clean your house or care for your child if you’re unable to do it, and installing accessibility accommodations like a wheelchair ramp at your home, etc.
Permanent disability, disfigurement, or scarring from your injuries.
Loss of companionship or consortium if a loved one died due to another party’s negligence.
Loss of enjoyment of life if you can no longer live the life you had before due to your injuries.
Pain and suffering. This applies to both your physical injuries, and any emotional or mental trauma you have also suffered. The potential effects of any traumatic injury on your mental health should be taken as seriously as the effects on your physical health. If you’re feeling anxious or depressed or having trouble sleeping, please contact a mental health specialist. These symptoms are very common after a traumatic experience, and help is available.
Punitive damages. These are not applicable in most personal injury cases but may be awarded in situations where the defendant is found to have acted in a “wanton, willful, or reckless” manner. Essentially punitive damages are an extra punishment for the defendant, not related to any specific expense or loss suffered by the plaintiff. Depending on the type of claim you have, there may or may not be a cap on these damages.