When you get into an accident and are injured, you will quickly notice that your medical bills start to accumulate at the same time that you are missing days of work. This can be an overwhelming experience, and it is only natural to start wondering about whether or not your situation qualifies for a personal injury claim, or if you should simply accept the amount that the insurance company offers you without trying to seek alternatives. This is rarely, if ever, the case.
However, you may find yourself wondering what your situation qualifies as to begin with; is it a personal injury case? do you have any legal options? If you are finding yourself wondering what the different possibilities available to you may be, it is likely a good idea to contact central Florida personal injury law firm Abercrombie P.A. for a free initial consultation. During your consultation, they will be able to go through each detail of your accident and injuries with you in order to give you specific advice about your case. However, take a look below to get a general idea of what qualifies as a personal injury claim.
What Makes a Personal Injury Claim?
There are a few basic requirements for any personal injury claim, regardless of the context of the accident and injuries. They are as follows:
The party that caused the accident was being negligent, careless, or reckless in their behaviors leading up to the incident. For example, someone who is texting while driving and rear-ends your car at a stop sign is being negligent (and perhaps reckless, as well) because they have ignored traffic laws and decided to act irresponsibly, putting you at risk.
The party's negligence or recklessness caused you to be injured. In the example of someone rear-ending you while texting and driving, if you suffered from an injury such as whiplash, bruising, or any other type of physical wounds as a result of the accident, then we can reasonably say that the other driver caused your injuries.
Your injuries resulted in measurable damages. Again using the same scenario, if you were injured and your injuries caused measurable damages, then you are completely within your right to seek compensatory compensation. An experienced attorney will be able to help you make sense of the actual dollar amount of these damages, as some can be fairly abstract.
As you can imagine, the requirements in bold can be applied to a wide range of accidents, such as medical malpractice, an assault, a car accident, a slip and fall, and a variety of other circumstances where someone else is responsible for your injuries.
What Is a Personal Injury Claim Worth?
Once you have determined that your injuries do, in fact, qualify for a personal injury claim, the next step is to calculate the damages that you have incurred and identify the most appropriate course of action to get the compensation you deserve. With the help of an attorney, you will be able to go through the following types of damages and come to a complete understanding of your case.
Economic Damages
Economic damages are the financial foundation of your case and seek compensation for the financial impacts of your injuries. They include all related medical expenses, as well as income-based impacts such as lost wages and any reduced earning abilities that you have endured.
Non-Economic Damages
Non-economic damages are harder to calculate but are just as important. These damages seek to quantify the financial value of such things as the actual pain and suffering that you had to endure following the accident, as well as any depression or diminished quality of life that your injuries have caused.
