FAQ: Can I Get Financial Compensation in a Personal Injury Case?
If you have been hurt, it is possible that you could be compensated in a personal injury case. It is also possible that you will receive money in a settlement that is negotiated outside of court. While a settlement is still a favorable resolution in your case, it generally means that the other party doesn’t truly admit fault. What are the criteria to be compensated in a personal injury case, and what types of compensation are you entitled to?
You Must First Prove Negligence Caused Your Injury
The first step to collecting compensation in a personal injury case is proving negligence. This means that someone acted in a way that either created dangerous conditions or failed to act in a manner to take action to abate dangerous conditions. For instance, if you were hit from behind in a hockey game, you could claim that either the other player or the league in general created conditions for your injury to occur.
If your injury occurred because you tripped in a crack on the ice during a hockey game, you could sue the owner of the rink for failing to provide a safe playing surface. In some cases, you may be held partially responsible for your actions, which is referred to as comparative negligence. This means that you would be responsible for paying some or all of your damages while the other party would pay the rest.
What Types of Compensation Could You Receive in a Personal Injury Case?
In a personal injury case, you may be entitled to compensation for any medical bills that you incurred. For instance, you may be eligible for reimbursement for seeing a doctor, undergoing surgery or the cost of going to physical therapy. You may also be repaid for medical equipment such as a brace, a crutch or a wheelchair.
In addition to medical bills, you may be entitled to compensation for lost wages and lost future earnings. After an injury, you may be required to take time off to stay in the hospital or visit a doctor to monitor your condition. If you aren’t paid for that time off, the person who hurt you is responsible for reimbursing you. If you can’t go back to work, you will be given a financial award to make up for projected losses.
Punitive damages may be granted in a case where you are injured because of someone else’s negligence. For instance, if you are hurt by a doctor, you may be compensated for his or her poor judgment in making a surgical error or misdiagnosing you with an illness. This amount is added to any actual damages that you may have incurred.
You May Be Compensated If Impacted By a Personal Injury Case
If a loved one dies because of another party’s negligence, it may be possible for you to file a lawsuit on his or her behalf. It may also be possible to file a lawsuit for loss of consortium or loss of affection after a loved one is injured. This may compensate you for not being able to resume the type of relationship you had with a parent or the love life that you may have had with a spouse. While technically part of the personal injury legal process, this type of suit is filed by relatives of those injured as opposed to the injured person him or herself.
If you have been hurt through no fault of your own, it may be possible to hold someone financially responsible for your injuries and your degraded quality of life. Your first step should be to talk with an attorney who can help you file your case and start on the road to a resolution.