Attorneys Representing Persons, Auto Accident Injuries
VA
What Damages Can I Recover
For My Serious Injury Case?
If you have been seriously injured in a car accident and
need help figuring out what you are entitled to for damages, it
helps to realize what the various categories of damages are for
your injury. At Wilson & Hajek we handle every aspect of your
serious injury case to make your life easier. One of the main categories
is medical bills. The medical bills from your injury include everything
from your emergency room visit, hospital charges, treating physician
and any physical therapy or future treatment that you might need.
This treatment can even include chiropractic care or long term rehabilitation.
It is very important that you know the full extent of your injuries
before considering a settlement of your claim. We take the time
to collect all of your medical bills and we also review your records
to see what future treatment might be necessary based on the recommendations
of your doctors. These future bills and expenses can be included
in your claim if your doctors feel they are reasonably certain to
occur in the future and were caused by your injury. Most insurance
companies will try to limit your claim to your medical bills and
will say they are a good indication of the amount of pain and suffering
you have sustained. We believe pain and suffering is a separate
category of damages. While your medical bills may be of some guidance,
it is more important to look at what really happened to you. Medical
bills for some injuries may be limited and yet the consequences
of the injury may be life altering and may last for the rest of
your life. Another aspect of your damages is the loss of earnings
or wages you sustained because of your inability to work and your
potential loss of future earnings. While you were unable to work
because of your injuries, you are entitled to recover all the wages
you lost from your current job.
If future losses such as wage losses are expected because
of your injuries, or medical treatment, doctor visits or if you
have to retire early, those damages can be included. Another category
of damages that is often overlooked is the loss of services
that you provide. An example would be your inability to mow the
grass. If you now have to pay someone to take care of your lawn
service, this is a type of damage that can be recovered. One of
the most important areas of damage that car accident victims suffer
is emotional distress. Emotional distress is real and, although
it is difficult to assign a dollar value for such damages, it needs
to be included in your claim. Insurance companies and their adjusters
tend to downplay this type of damage simply because it does not
have a bill associated with it. However, to the extent that your
injuries have changed your life, made life less enjoyable or otherwise
caused suffering, such damages should be claimed. As your lawyer,
we aggressively include such damages to try to provide you with
a full recovery.
Included in this type of emotional distress damage is a claim for
loss of consortium. Loss of consortium means that your spouse has
also suffered because of the injury and such damages are also included
in your claim. Many times a serious injury requires the spouse to
take the role of caretaker for the injured person and at the same
time the spouse may have to be the person bringing home the only
paycheck for the household. It is very important to consider loss
of consortium damages where the spouse has suffered because of the
serious injury of the victim.
One thing that is often very confusing to injury clients is that
the injury claim usually does not include the claim for property
damage. What this means is that in the amount of damage to your
car, if it is a car accident case, it is usually resolved separately.
One issue that frequently arises and which oftentimes creates a
problem is the loss of value of your car based on the repairs required.
Once your car has been damaged in a car accident, it is not worth
as much as a car that has never been in a car accident. If you have
ever checked the vehicle history of a used car, you know that every
time a car is in an accident, the car accident is recorded. You
are entitled to recover for this loss in addition to the repair
bill. At Wilson & Hajek, an experienced car accident lawyer
will help you with this type of damage claim in addition to your
injury claim.
Contact the experienced
car accident lawyers at the law firm of Wilson & Hajek.
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