By Sean Boelman
Many people know that when they have been injured in a car accident, truck accident, slip and fall, or other accident that causes serious injury, they can file a personal injury lawsuit to seek compensation for their injuries. But fewer people know what you can actually get when you sue for personal injury damages. What are you actually being compensated for with your personal injury claim?
After a lawyer has investigated the accident and your injuries and gathered evidence, they will prepare a demand letter to the insurance company of the legally responsible party, detailing how much compensation you are requesting and outlining any evidence that supports your personal injury case.
“Many lawyers first attempt to resolve a case with a settlement out of court, striving to achieve fair compensation for your tangible and intangible losses,” explains C. James Williams III, principal at Richmond-based personal injury law firm Burnett & Williams.
What compensation do you get for a personal injury claim?
The most common component of a personal injury settlement is medical expenses. When you have suffered serious injuries in an accident, medical bills can cost thousands or even hundreds of thousands of dollars. This might include costs for initial care in an ambulance and emergency room, surgery, rehabilitation and physical therapy, and ongoing medical treatment. When you have been injured due to another party’s negligence, you shouldn’t have to be held financially responsible for the costs of receiving medical care.
Many accident victims also face lost wages as a result of their injuries. Victims may have to miss time from work for their initial recovery, or for those with serious injuries, they may be rendered unable to complete certain job duties for weeks or months until they are fully recovered. The combination of increased expenses and reduced income can prove financially devastating for many accident victims.
In some personal injury cases, victims may also be left permanently disabled. For example, if a victim previously worked in a job that required intense manual labor but their injury causes severe chronic pain or leaves them with mobility challenges, they may not be able to work that job for the rest of their life. Fair compensation would ensure the plaintiff is able to live comfortably despite the potential loss of income.
The most difficult aspect of personal injury damages to quantify is pain and suffering, as this is an intangible loss that does not have any inherent financial value. Still, injured persons deserve to be compensated for the pain and suffering they have faced when their injuries were caused by someone else’s negligence.
“To determine a fair amount to demand for pain and suffering, personal injury lawyers often use a multiplier on the economic damages, depending on the severity of the injury,” Williams explains.
In wrongful death cases where a loved one is killed in an accident, there is another element that may be involved: the loss of companionship and services. For example, if the deceased was the primary income earner in a household, their loved ones may be compensated for the loss of income resulting from their death. Or if the deceased was the homemaker responsible for duties such as cooking, cleaning, or childcare, their loved ones may be compensated for the costs of replacing these services.
What to know about a personal injury lawsuit
It is worth noting that very rarely does the insurance adjuster accept the first offer made by a personal injury lawyer. There is often a negotiation process that can last weeks or months, with the insurance company and the victim’s lawyer making counteroffers until they reach an agreement on a fair settlement. But even then, the insurance company’s first offer is usually not their best and final offer.
That being said, in some instances, your lawyer will not be able to reach an agreement with the insurance company on fair compensation, and it is then that your personal injury attorney files a lawsuit to be heard by a judge and/or jury. Cases that may be particularly prone to going to trial include those where liability is disputed or multiple parties or insurance companies are involved, such as commercial trucking accidents.
“When you go to court, your personal injury lawyer will stand up for your rights and fight to get you maximum compensation for your injuries,” says Williams.
Hire Burnett & Williams to handle your Virginia personal injury case
It is easy for any law firm to brag about the settlements they obtain for clients. However, if your case ultimately results in a lawsuit, you need an attorney with experience taking a case from a lawsuit to a jury verdict.
The team at Burnett & Williams consists of attorneys with prior experience defending insurance companies, so they know what to look for and how to argue your claim in court. For example, Williams and his team recently tried a case in a conservative venue that resulted in a $4.35 million verdict for their client.
“If you or a loved one has been injured, contact us today for a free consultation,” Williams concludes. “We will review your case and determine if we can help you get the compensation you deserve for your injuries.”
Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. Each case is unique, and legal outcomes may vary based on the specific circumstances and laws of your jurisdiction.
