There are many different kinds of personal injury cases. Most people are familiar with and understand that you may bring a lawsuit for damages against the at fault party in a car accident. There are many other kinds of personal injury cases. Injured parties sometimes file suit against the manufacturers and sellers of defective or dangerous products. For example, I have represented an injured client in a product liability action for injury and death resulting from a defective and/or dangerous four wheeler. Injured parties also sometimes file suit against a property owner or business for slip and fall accidents. Injured parties or families in a wrongful death case may file a complaint against hospitals, nursing homes, doctors, and clinics for medical malpractice and negligence.
If you’re considering filing a personal injury or wrongful death lawsuit in either of the areas mentioned above, or for any other type of injury or accident, you may be wondering “What is my case really worth?” The answer comes down to “damages” — figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant’s conduct should be punished, and specifically whether punitive damages should be awarded.)
The goal in every personal injury case is to obtain the greatest settlement or judgment possible under the circumstances. Every case is different and much depends upon whether the defendant has resources or insurance, whether fault can be easily established, and the amount of your damages. Your case could be resolved at a very early stage of the litigation through a settlement agreement or mediation. Alternatively, your case could proceed to trial where a judge or jury will decide the outcome.
Typical damages that can usually be recovered in a personal injury case include lost wages (both current and future), pain and suffering, loss of consortium, medical expenses, and in some cases punitive damages.
One thing to remember is that you should always, and I cannot stress this enough, ALWAYS hire an attorney to represent you from the beginning of the process. The insurance adjuster or agent is NOT on your side and their goal is to pay the least amount possible. That’s just their job. An attorney’s job is to protect your rights and help you achieve the best available outcome. And remember, in most cases the initial consultation is free and you don’t have to pay anything up front if I take your case. There is nothing to lose by seeing me first.