The law presumes a certain degree of diligence and care with each person, and requires everyone to behave in a manner which minimizes danger to others. This is to say, each of us owes a duty of care to others. This makes it possible for an injury victim to file a claim for compensation if this duty is not fulfilled, whether intentionally or through negligence. Each case possesses unique issues, and your personal injury lawyer will be able to help you determine the losses that you can claim.
What is the difference between economic and non-economic damages?
Personal injury claimants may seek compensation both for economic and non-economic and relationship losses. Economic damages are those that can be objectively measured by dollar amount, and are actual financial losses suffered by the claimant. Examples of economic losses are cost of medical treatment related to the injury, lost wages while recovering, and repair of a damaged vehicle. Non-economic damages are more subjective in nature, and include pain, suffering, and loss of consortium.
What if my treatment will continue indefinitely?
Your personal injury attorney can also figure into your award demand projected costs of continued medical care, along with loss of future potential wages. The latter can take into account raises and promotions that you would likely have received.
How do I prove pain and suffering? Will I have to go through surgery to prove this?
As mentioned, pain and suffering are highly subjective. It is difficult to measure these in objective monetary terms, but your personal injury lawyer will try to do so. Most attorneys have a formula that they go by for making such determinations. You probably won't have to go through surgery to be proven to have suffered, however. Witness testimony, as well as evidence provided by your doctor, will help prove that you suffered enough to warrant compensation.
What exactly is loss of consortium?
Loss of consortium has to do with the effect of the injuries suffered in the accident on the victim's family and marital life. It is more specifically broken into three categories:
• Loss of marital relationship: Compensation for loss of relationship is based on a diminishment of the victim's ability to provide love and emotional support, along with fulfill their marital duties.
• Loss of services: Refers to the injury victim's inability to perform basic chores around the house that they used to. This can be evidenced through the hiring of an outside cleaning company.
• Loss of support: This refers to the diminished lifestyle of the family in relation to the claimant's inability to earn a living.
What is mental anguish? How is it proven?
Mental anguish is the emotional damage that the victim suffers as a result of the accident. If, for instance, the victim is paralyzed, this can cause considerable emotional distress. Also, if the claimant suffers continual and severe pain, he may feel like there is no hope, that the suffering will never end, and become severely depressed.
Work with an Experienced and Knowledgeable Personal Injury Attorney
If you have been injured in an accident and another person or entity is at fault, you may have grounds for a lawsuit. Call a personal injury lawyer for a consultation.
Relationship and Economic Losses FAQs Per An Atlanta Personal Injury Lawyer
The law presumes a certain degree of diligence and care with each person, and requires everyone to behave in a manner which minimizes danger to others. This makes it possible for an injury victim to file a claim for compensation if this duty is not fulfilled.