What Damages Might Be Recoverable in a Personal Injury Claim?

Avatar for Seva Law Firm

When you consider the fact that 2 out of 3 people who declare bankruptcy claim medical issues contributed to their financial stress, it becomes clear just how devastating unanticipated injuries can be. Even with adequate health insurance, accident victims can incur hundreds of thousands of dollars in medical bills over the course of their recovery. And if they’re unable to work, they’re going to amass debt taking care of the essentials, too, once their savings run out.

Thankfully, those who were hurt through no fault of their own are usually entitled to compensation. By filing a personal injury claim, they can seek funds for the following damages:

1. Health Care

If you were hurt because someone failed to act with reasonable care—and you can prove as much—you may include all the associated medical expenses in your claim. Examples include:

  • Ambulance fees;
  • Hospital bills;
  • Doctor’s office co-pays; and
  • Pharmacy expenses.

You may also account for home care, ongoing rehabilitation like that of physical therapy, and any anticipated surgeries you’ll need down the road.

2. Lost Income

Personal injury claimants can pursue compensation for the wages they lose while out of work recovering.  Those who are unable to return to work at all can also seek funds for lost earning capacity, which encompasses the income and benefits they would have expected to make during the rest of their career had they not gotten hurt.

3. Miscellaneous Objectively Calculable Losses

As long as your condition is compromised, you may need help with various essentials, including housekeeping, meal preparation, and child care. The total cost of these and other replacement services are considered a recoverable expense.

If you sustained permanent disabilities and you end up having to remodel your home or modify your vehicle to accommodate your new limitations, you may also include those expenditures in the settlement negotiations.

4. Non-Economic Damages

Recovering from serious injuries—and living with the scarring, disfigurement, and limitations left in their wake—can affect your mental health as much as your physical wellbeing and financial security. As such, the state of Michigan recognizes non-economic damages, which include pain and suffering, mental anguish, and loss of enjoyment in life.

Since these damages are intangible, though, you’re going to have to find a way to demonstrate their extent without legitimate documentation like receipts and invoices. In most cases, detailed journal entries, statements from friends and loved ones, and psychological evaluations will suffice.

5. Exemplary or Punitive Damages

If the liable party acted with malice or a willful disregard for your rights, the court may allow for exemplary damages in addition to the compensatory damages listed above. And if the defendant’s conduct constituted egregious, malicious, or despicable behavior, a punitive award may be in order.

Call (248) 385-5704 to Discuss Your Case with a Detroit Personal Injury Lawyer

If you were seriously hurt at the hands of someone else, turn to Seva Law Firm. Our compassionate team has secured more than $100 million for our valued clients. Call (248) 385-5704 or complete our Contact Form online to schedule a free, no obligation consultation with a personal injury attorney in Detroit.