What Damages Should I Seek In A Personal Injury Claim?
The damages that a person can seek in an injury claim are either personal or property. Car accidents, dog bites, and slip and falls are the sorts of injuries where a person can experience physical pain and injuries. There are also emotional injuries where hobbies, sporting events, vacations, and family get-togethers aren’t able to be enjoyed because they’re occasions that will be missed. Property damage can concern vehicles or a situation where a person is recovering from a loss of a material item.
Often, a person is looking to recoup damages for physical pain and suffering. Pain and suffering can include physical pain, emotional distress, anxiety, and depression, loss of enjoyment of life activities, lost wages and how the results affect your job. Some damages involve future costs or future treatment, such as, surgeries that should not be performed at a young age, or injections that can be temporary or permanent depending on the circumstance. There are also situations where funds for costs and supplies will be needed on an ongoing basis, such as medications, future treatments, costs of replacement of prosthetics or wheelchairs because of a permanent life-altering debilitating injury. There are numerous types of damages that become patient specific that should be assessed between the person filing a claim and their attorney.
Will Future Medical Costs Be Taken Into Account In A Personal Injury Settlement?
Yes. Part of any settlement or request for an award at a trial will be out-of-pocket expenses and a predictable amount of future costs. There will be specialists to testify or a report submitted that will be used as evidence in the assessment of the case. If an individual needs special equipment, surgeries, and treatments, medical costs will be taken into account – as well as pain and suffering and loss of enjoyment in life.
What Factors Can Decrease The Settlement Amount In A Personal Injury Case?
During the case assessment (known as the settlement demand – where records are provided to the carrier for a pre-litigation or pre-lawsuit resolution), an insurance adjuster may want to know whether anything in your medical history contributed to the sustained injuries i.e. being overweight, smoking, diabetic, chronic pain. In this scenario, the insurance adjuster or defense attorney is attempting to belittle the client to try to minimize the damages. It is an effort to criticize and take advantage of the client emotionally. An experienced personal injury attorney will be able to counter the opposition under New Hampshire law, which states that the injured party will be assessed as they are found.
If the new injury has triggered a previous injury, the opposing party can still be liable. It can be argued that the new injury is a reoccurrence or an aggravation from a prior injury and that it’s only occurring because of the negligence of the other party.
For more information on Damages Awarded In A Personal Injury Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (603) 267-4436 today.
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