Injuries can occur in a variety of ways. You can be injured in a car accident, slipping on a wet floor, or by a malfunctioning product. Even a visit to a healthcare provider can result in an unexpected injury. These are all different types of personal injury claims in legal cases but they also have some similarities. 

The filing process is basically the same regardless of the type of accident. You can even claim the same type of damages regardless of whether you’re injured in a vehicle collision or by a defective product. So, what is the process for filing a personal injury claim and what type of damages can you recover?

Types of Damages in Personal Injury Claims

Some damages are fairly obvious like a broken bone or dented vehicle. Other damages are less obvious and are relatively easy to forget to add to your accident claim. 

However, forgetting to include even one loss can significantly impact the claim’s value. This may leave you with unpaid expenses stemming from your accident.

Economic Damages

Without economic damages, you probably don’t have a personal injury claim. Your damages don’t have to include any injuries or medical expenses but you should suffer some type of economic loss.

Along with medical costs, your economic damages can include property repair or replacement costs. Remember, your property isn’t limited solely to your vehicle. Any property damaged in the accident can be included in your insurance claim.

Some injuries require long-term or a lifetime of care. If your home or vehicle needs remodeling to accommodate a wheelchair or walker, this counts as economic damage. Don’t forget about any lost current and possibly future income. Some injuries are severe enough to prevent you from returning to work.

Proving your economic losses is usually not too complicated. Your medical records, bills, receipts, and estimates are usually enough to prove this portion of your personal injury claim.

Non-Economic Damages

Not every personal injury claim lists non-economic damages and this can be a mistake. Non-economic damages are occasionally omitted when an accident victim is filing an injury claim without legal guidance.

If you’re wondering what non-economic losses are, these are intangible items like your pain, suffering, mental anguish, and loss of life enjoyment. Your claim may include others like loss of consortium, but these are the most common examples of non-economic damages.

The reason accident victims tend to ignore their non-economic losses is simple. Since these damages don’t come with a handy price tag, determining their value can be frustrating. After all, how do you place a dollar amount on your mental anguish? 

Don’t worry; the legal system recognizes two methods for calculating non-economic damages. You and your accident attorney can use either the per diem or multiplier method.

You’re probably wondering if one method is better than the other, and the answer is not really. Insurance adjusters and the civil court accept both methods. However, sometimes one method produces a higher value compared to the other. 

When this happens, it’s usually a good idea to use both methods. This way, if the insurance adjuster rejects your first offer, you’re ready with a second one. Obviously, you want to present the insurance company with the higher-value offer first.

Punitive Damages

Before you start getting excited about listing another type of damage in your accident claim, take a deep breath. Punitive damages are a little different than economic and non-economic losses.

You can’t claim punitive damages, as this type of damage is only awarded by a judge or jury, and it’s rare in personal injury claims. Punitive damages tend to be excessive, usually quite a bit more than your initial claim. If you’re wondering if there are caps on punitive damages, it depends on the state. 

Some states cap punitive damage awards. Others prohibit punitive damages altogether or only allow them in specific types of cases. For example, you may not be able to receive punitive damages in an injury case against a government entity. If your accident occurs in Illinois, the state doesn’t cap punitive damage amounts, which can be good news for your accident claim.

So, how do you receive punitive damages in a personal injury claim? Your claim must become a lawsuit filed in civil court. This also means not settling with the at-fault party’s insurance company. Instead, your accident claim is heading for trial. 

A judge or jury will review the submitted evidence, listen to opposing counsel, and possibly hear expert witness testimony. If your accident is caused by someone’s gross negligence, the court may award you punitive damages.

Gross negligence is a key element of any punitive damage award. You must show that the defendant intentionally caused the accident that resulted in your damages. Punitive damages are meant to punish the at-fault party and discourage others from following the same behavior.

Filing a Personal Injury Claim to Recover Damages

Regardless of the type of accident, the steps for starting the claim process are the same.

Report the Accident

You usually have a few days to report accidents that don’t result in injuries, fatalities, or extensive property damage but waiting is usually a mistake. You’re running the risk of evidence being lost or destroyed and this can make it harder to prove your accident claim.

Reporting the accident immediately can be a pain. Now, you’re waiting for the authorities to arrive instead of getting on with your day. However, you’re also not losing evidence like witness statements. 

Don’t forget to pick up a copy of your accident report, it’s usually ready in about 10 business days. Your accident report proves the incident occurred and is the direct cause of your injuries and other damages.

Visit a Healthcare Provider

Not all accidents result in catastrophic injuries. You may feel fine, but it’s still a good idea to make an appointment with a physician or a personal injury chiropractic specialist. You may have internal injuries. Besides, you’re going to need a copy of your medical records for your injury claim.

Consult with an Accident Attorney

Before moving forward with your accident claim, it’s a smart move to consult with an experienced personal injury attorney. They can ensure your claim includes all of your losses, such as medical expenses, lost wages, and pain and suffering. 

If punitive damages are a possibility, your attorney will also prepare for trial if necessary. With their expertise, they can handle every aspect of your claim, allowing you to focus on recovery while maximizing your chances of fair compensation.

Photo by Gwendal Bar on Unsplash

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