When you get hurt and someone else is responsible, it does not make sense for you to be on the hook to pay for the medical bills and other fall out from an accident. You can file a personal injury case to help cover the costs of your injury, but in order to file successfully, you need to have a good idea of what you can include as damages in your case and what evidence is required to support your case.
Types of Damages
In a personal injury case, the term damages refers to the money awarded to the injured party. There are two main categories of damages: general and special.
The term general damages refers to costs that stem directly from the injury sustained in the accident. For example, physical impairment, physical disfigurement, pain and suffering, and mental anguish can all stem directly from an injury. As far as disfigurement and impairment go, the amount of damages awarded can be quantified by the cost of receiving the medical care required to repair the damage. Pan, suffering, and mental anguish can be hard to quantify and will usually be negotiated.
The term special damages refers to financial losses that the claimant suffers as a result of the injury or as a result of the defendant's actions. For example, lost wages, medical expenses, or damage to property can all count as special damages. In many cases, special damages are easier to quantify than general damages. After all, the value of a car or a damaged fence is easier to assess than trying to set a dollar amount on pain and suffering.
The best way to make a solid case for how much you should be awarded in damages is to substantiate your claim with documents. For example, pay stubs, doctor bills, work estimates for replacing damaged property, insurance estimates for lost or damaged property, and other bills will help you back up your case. While the dollar amount of pain and suffering cannot be substantiated with a doctor's bill, pictures of the injury and statements from expert witnesses can help to translate suffering to a dollar amount.
Making sense of doctor's bills and other documents can be tricky. The best bet for making a strong case is to enlist the help of a professional. A personal injury lawyer will have the legal background and professional experience required to make a winning case.Share