You could be driving home from work, buying groceries at a neighborhood store, or out enjoying your favorite hobbies and activities, when a chance encounter results in potentially serious and disabling personal injuries. Slips and falls, dog bites, motor vehicle crashes, and other types of ‘accidents’ are often the result of the reckless and negligent actions of others. In these situations, you may be able to seek compensation for the injuries you suffered in a personal injury claim. The following explains the common types of damages awarded in personal injury settlements in Massachusetts and the factors which affect the damages in a personal injury case.
Damages in a Personal Injury Claim
According to the Centers for Disease Control and Prevention (CDC), close to 30 million people are treated in hospital emergency rooms each year as the result of personal injuries, while more than two million others end up requiring a hospital stay. The CDC reports that medical expenses alone for these injuries can easily exceed $35,000, while lost wages can average $60,000 or more. Even in cases involving more minor personal injuries, you could end up facing overall expenses of tens of thousands of dollars.
When injuries occur due to the reckless and negligent actions of others, you may be entitled to compensation, or damages, in a lawsuit, either by judgement or personal injury settlement between the parties. Under Massachusetts law, these damages may include the following:
In a personal injury lawsuit, you are entitled to be compensated for all reasonable and necessary medical expenses you incurred while treating for your injuries and for all reasonable and necessary medical expenses you are likely to incur in the future. Such future expenses would include expenses for follow up visits, additional diagnostic testing, surgery, chiropractic care, medications, and physical therapy. Whether you are entitled to be compensated for those medical expenses with depend on the nature and extent of your injuries, the information contained in your medical records and bills, the opinions of your doctors and other health care providers and, in some instances, the opinions expressed by experts who are hired by your attorneys to evaluate and comment on your medical condition and needs.
As with medical expenses, a personal injury plaintiff is entitled to be compensated for lost earnings and/or earning capacity resulting directly and approximately from the at-fault party’s wrongful conduct. Depending on the nature of your injuries, you may be unable to return to work or to perform certain tasks required of your job. Additionally, because of your injuries, you may lose job opportunities and/or opportunities for promotions and/or for advancements in chosen career. Provided these future losses are related to your injuries, you will be entitled damages in a personal injury case.
Pain and Suffering
Damages for pain and suffering can represent a significant portion of your personal injury claim. Determining these types of damages in a personal injury case involves putting a dollar amount on otherwise non-monetary losses. In addition to compensation for the physical pain and suffering you endured as a result of your accident or your injuries, you may obtain compensation for the following:
- Mental or emotional anguish;
- Embarrassment and/or humiliation;
- Scarring and/or disfigurement;
- Loss of function;
- Impairment and/or disability;
- Disruption in your daily activities;
- Loss of overall quality or enjoyment of life; and
- Loss of the care, comfort, companionship, and consortium of your spouse and other family members.
In determining these and other damages in a personal injury case, our Springfield personal injury attorneys gather evidence, including statements from treatment providers, friends, family members, and experts in the field, to help ensure you get the total amount of compensation to which you are entitled for your claim.
Springfield, MA Personal Injury Attorneys
When you are the victim of another’s reckless or negligent actions, you need professional legal representation to recover the damages, for personal injuries, you deserve. Reach out and contact Raipher, P.C. today and request a free consultation with our Springfield personal injury attorneys to discuss your case.