Utah law allows those impacted by someone else’s negligence or recklessness to claim various basic damages in personal injury cases. These damages are typically categorized into economic losses and reparations for non-monetary losses. In some instances, a person who sustained personal injuries can also claim punitive damages. This is notably if the injuries were intentional, such as in an assault case causing bodily harm. If you are considering filing an injury lawsuit for an auto accident, fall-down claim, or recreational accident, you may be wondering, “what is my case worth?” The answer comes down to the amount of financial, physical, and emotional/mental damage you and your family have suffered.
How a personal injury case works
In a nutshell, money damages are awarded to the injured person or their families, known as the plaintiff. The plaintiff is paid by the person or company found legally responsible for the accident; this is the defendant or their insurer. Reaching this settlement does not always mean that the case will have to go to court. Most Salt Lake City personal injury cases are settled out of court in a negotiated meeting. This meeting is held between the parties, their attorneys, and insurance providers.
Damages for a personal injury case
The most common damage awarded in injury cases is referred to as “compensatory.” As the name implies, this amount is paid to compensate the injured plaintiff for what was lost due to the accident and subsequent injuries. The general idea is to make the plaintiff “whole” again from a monetary standpoint. This is why it is crucial to keep a paper trail and receipts of all medical bills and out of pocket expenses following an accident or mishap. Some compensations are easy to calculate, such as traceable medical bills. Others like loss of quality of life or an inability to enjoy hobbies are harder to quantify.
Below is a list of the common damages that can be claimed from an accident
- Medical and clinical treatment. A personal injury claim almost always includes the cost of medical care, surgeries, and prescriptions associated with the accident.
- Income and ability to work. Victims are entitled to seek compensation for the impact that the injuries have had on their ability to work, salary, and wages. This is the money you would have been able to make in the future, were you not limited in some way by your accident. This is traditionally referred to as “loss of earning capacity.”
- Property loss and damage. This includes vehicles, clothing, electronics such as your cell phone, or any property damaged during the accident. This includes costs for replacements, repairs, or fair market value of a vehicle that was involved in a car crash.
- Emotional distress. Serious accidents often result in debilitating injuries, wrongful death, or PTSD. These situations often put people in a difficult mental state where they have new phobias, depression, or traumas that do not allow them to enjoy their everyday lifestyle. You can be compensated for prescriptions, therapy, and psychological treatments that are necessary.
Speak with an injury attorney today
Hopefully, this opens your eyes to all the possible negative ways a person and their loved ones can be affected by an unfortunate accident. If you have been injured due to anything from a dog bite, to a slip and fall, to a sporting related accident, seek a case review from a lawyer. If you live in Utah, we invite you to contact The Ault Firm today at (801) 839-4411 or schedule an appointment online.
