When you have had an accident due to someone’s negligence or evil vengeful intent, resulting in severe damage, you have a personal injury case. Filing a personal injury claim in such a situation allows you to attain certain kinds of compensation. However, getting paid for your losses is not always easy, as insurance companies know the ins and outs of these claims and can easily take advantage of your situation. On average, people in Dubuque are quite ignorant and unaware of the basic laws and regulations. Your unfamiliarity with your legal rights can cost you an accurate compensation amount.
If you are alone in such a situation and need expert assistance, try searching for a ‘personal injury lawyer near me’ to find a local attorney who can help you. Insurance companies may pressure you to accept the first offer they provide to settle the case, knowing very well that it doesn’t equate to the damages inflicted upon the victim. That’s why it’s essential to know precisely what type of compensation you are eligible for in your personal injury case.
Economic Damages:
Your injury can occur due to several reasons, including dog bites, car crashes, slips and falls, medical malpractice, product liability, sexual assault or abuse, and more. Regardless of the cause of the injury inflicted, there will be various economic damages involved. Generally, economic damages carry an exact dollar value that helps both you and your attorney evaluate the accurate compensation figure you should receive. They include the following areas:
Medical Expenses:
Doctor’s appointments, treatment bills, hospital stays, medical equipment suggested or used, modifications to your home, prescribed medicines, and more.
- Pocket Expenses: Travel expenses or costs related to the injury.
- Property Damages: If you have been in a car accident, this includes the cost of car repairs or replacement.
- Funeral Costs: In cases where the victim dies.
- Lost Wages and Job Rehabilitation Costs: If the victim is injured and unable to work.
Non-Economic Damages:
Non-economic damages are not tangible and don’t carry an exact dollar figure. Nonetheless, there are many factors involved in a personal injury case beyond the cost of medical treatment and repair bills. Such factors include damages like:
- Depression and trauma
- Pain and suffering
- Loss of enjoyment of life
- Presumed future injury (e.g., traumatic brain injury)
- Cognitive loss or memory loss
- Dementia
- Emotional distress (PTSD)
- Loss of sexual functions
- Overall reduction in sex drive
- Communication or stuttering problems due to anxiety
- Demeaning one’s reputation
- Temporary or permanent disfigurements affecting self-esteem
Although these damages do not account for an exact figure and are subjective, meaning the severity of the particular damage, based on the history of similar cases, the attorney decides the fair settlement to be paid. Most personal injury cases in Dubuque are settled outside the court and do not go through litigation, as it costs time, energy, and money for both parties.
Punitive Damages:
Economic and non-economic damages are used to compensate the victim and repay them for their losses. However, punitive damages attempt to punish the individual who intentionally or unintentionally caused harm to the victim. Punitive damages are often used by the court of law as a prime example to prevent others from taking similar actions. They are also known as exemplary damages and cap four times your compensated damages. To make punitive damages applicable, the plaintiff must provide a core piece of verified evidence that shows the defendant intentionally exercised neglect or malicious intent. For example, drinking, texting, or sleeping while driving leads to a tragic accident.
