There are several categories of “damages” which one may be entitled to when they are injured as a result of someone else’s actions or inactions.
Property Damage: You are entitled to recover the costs of any damages which occur to your personal property as a result of someone else’s negligence. This could include anything from property damage to your car to damage which occurs to a piece of your jewelry.
Medical Bills: You are entitled to recover for any medical expenses which you have incurred for treatment of injuries caused by someone else’s wrongdoing. This includes medical bills for treatment which occurred from the date of the incident through the point in time in which your case resolves as well as for future medical care which may be necessitated after your case resolves but which was caused by the same incident. When calculating the amount of damages which one is entitled to recover for past medical treatment, it is important to note that one may only recover an amount equal to the amount paid by that individual’s health insurance, or in the event that the injured person does not have health insurance, the total amount in which the medical providers have billed for the treatment which they provided. The amount of damage which one is entitled to recover for future medical expenses is based upon what the injured party’s physicians believe will be required to cover future medical care. This amount could relate to the amount for future medical procedures such as surgery or additional maintenance treatment to ensure the injured individual’s condition does not worsen.
Lost Wages: You are entitled to recover for any money you failed to receive due to your inability to work because of injuries which someone else caused you to suffer. This includes both past and future time missed from work. When calculating past lost wages, you may recover for any pay which you would have otherwise received but for your inability to work due to your injuries, up to the time in which your case resolves. You may also be entitled to recover for future lost wages if your injures will prevent you from returning to work for an extended period of time, including the prospect of never being able to return to the same job which you had prior to the incident which caused your injuries. If you were required to change your job or profession due to your injuries, you may be entitled to the difference in wages of what you were earning prior to the incident as compared to what you are earning after the incident.
Pain and suffering: You are entitled to recover for the pain and suffering which you were forced to endure due to your injuries and medical treatment caused by no fault of yours. Pain and suffering includes any past and future physical pain or discomfort, stress, inconvenience and mental anguish. It also includes embarrassment and humiliation caused by your injuries such as possible changes in your appearance as well as scarring or disfigurement. Lastly, and often most importantly, you are entitled to compensation for loss of life’s pleasures and your inability to enjoy the same activities which you participated in prior to the incident.
Loss of consortium: Lastly, the category of damages known as loss of consortium relates to the ways in which an injured party’s spouse is negatively affected by their love one’s injuries. When an individual is injured by someone else, often times the injured individual’s spouse is required to alter their life in order to provide the necessary care for their significant other’s speedy recovery. As a result, this can cause an injured party’s spouse to be deprived of support, comfort and companionship for which their spouse previously provided prior to the incident which caused their injuries and the injured party’s spouse is entitled to compensation for this loss.
By: Jordan Schlossberg