Personal injury claims are not uncommon, since they are a legal case filed to compensate an individual who has been harmed physically and emotionally by the actions of another party that were reckless. When a person is hurt there is not only the physical harm, but there is also emotional and financial consequences for the individual. When these elements are met, a right is created as a matter of law for the victim under the tort area of law. In some cases there is no amount of financial compensation that can ease the pain and suffering of the victim, especially in claims where there is a permanent disability or the family who has lost a loved one in a wrongful death, which is a death due to negligent actions.
Recovering a financial award or settlement will relieve the financial stress that accompanies a personal injury, and it will hold the responsible party legally accountable for their actions. This right of action is designed to prevent people from taking the law into their own hands by use of physical revenge.
Under this right, compensation can be sought for medical expenses, loss of earnings and other related damages. In auto accidents the claim can also seek damages for repair or replacement of the vehicle that was damaged as a result of the other party’s reckless actions. In seeking compensation for medical expenses, it can be for more than just the initial treatment in personal injury cases. The plaintiff can seek compensation including medical costs can be necessary surgeries, ongoing medical care, rehabilitation, and therapy that is directly related to the harm caused in an accident where negligence played a role.
The claim can seek damages for actual costs incurred, which means costs of hiring for child care, cleaning, cooking and other tasks the victim is not able to perform after being injured. It is possible to seek compensation for tasks that the individual normally did, but as a consequence of being harmed in an accident that could have been avoided they are no longer able to perform the tasks. When the individual harmed dies as a result of the injuries sustained in the calamity, the family has the right to bring a wrongful death lawsuit to seek compensation. This compensation will include medical expenses, funeral and burial costs, loss of future earnings and other damages.
When the injuries sustained result in a permanent disability it is crucial to seek compensation in a personal injury claim. It is important to document missed work, hours that have been decreased because of the harm done and have it verified, assuming that the disability still permits working in the same occupation one had worked in prior to the accident. In some cases however, it may simply be impossible for the injured victim to return to their job, or in some extreme instances hold any type of employment ever.
Pain and Suffering
In personal injury claims it is not unusual to seek damages for pain and suffering. This is compensation for the pain of the harm that has been caused, along with the mental and emotional anguish that has been a consequence of the negligence. The laws are in effect to help the victim recover physically, emotionally and financially after being harmed through negligence by financial compensation. Compensation is meant to help, but cannot change the devastating effect of permanent disability or the loss of a loved one, though it can relieve the financial burden.