This varies depending on what your actual injuries were, but many people don’t realize how many different damages they may have suffered in an accident. Here are some things you and your attorney should consider:
A comprehensive list of medical expenses. This would be all the bills you are responsible for after your health insurance has covered whatever they’re going to. It includes things like doctor visits, hospital bills, surgeries, various tests (X-rays, MRIs, etc.), follow-up visits, physical or occupational therapy, any kind of outpatient care, inpatient care in a rehabilitation facility, etc. Don’t forget to include the costs of mobility aids or accommodations to help you after an injury – crutches, a wheelchair, a walker, any exercise equipment you need to do physical therapy exercises at home, etc.
You should also consider future medical expenses if you’re still in treatment. Your lawyer will talk with you about whether your treatment is complete or if you are still recovering. In some cases, your attorney may suggest waiting until you and your doctor have a timeline for the completion of your recovery, or until you know how long you will need to be in treatment. If it appears that you may need ongoing care, you will need to seek more damages for that.
Lost income. When you miss work because you’ve been hurt in an accident, you’re missing out on income. Even if you have sick days or paid time off, you’re still using paid days you could have taken at another time – like that vacation you wanted to go on. Make a list of how much time and income you had to forgo due to your accident so your attorney can include it in your list of damages.
Loss of earning capacity. Unfortunately, if you were seriously injured, you may develop a permanent disability or chronic pain issue that prevents you from ever returning to your job. If this appears to be the case, you may need to talk with your doctor about the documentation of your disability. Your lawyer will then calculate your earning potential had you been able to continue working.
Pain and suffering. The physical and mental effects of your injuries may continue long after the accident. For some, the physical pain can last weeks or months, or become chronic. Your emotional and mental health shouldn’t be overlooked, either. It’s common for people to suffer from anxiety, depression, insomnia, or PTSD following the trauma of an accident. All of these difficulties are considered damages that should be included in your claim.
Loss of enjoyment. If you’re no longer able to do the things you enjoy, whether it’s working at your job, pursuing your hobbies, or even doing activities with your children, be sure to let your attorney know about this negative impact on your life.
Property damage. Usually, this means damage to a vehicle in a car accident, but if any other property was damaged, you may include that as well.