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Damages You Can Include in a Personal Injury Claim in Fort Worth

— April 9, 2020

Personal injury lawyers are indispensable for accident victims because everything depends on how well the lawyer can build a strong case to make a claim.

Anyone injured in an accident has the right to file a claim for compensation for damages arising from the incident. However, it is essential to ascertain first that you have a case by considering the situations and circumstances that led to the accident. This is only possible by analyzing the details of the accident to understand that the accident was the result of some other person’s negligence or irresponsible conduct, because to file a claim for personal injury compensation, it is critical to establish the fault of the other party. For residents of Fort Worth, only a lawyer belonging to a personal injury law firm in Fort Worth can help to determine the merit of the case and suggest if it would be worthwhile to pursue. By using their experience and knowledge, personal injury lawyers can foresee the chances of a favorable outcome. 

Why are lawyers indispensable?

The personal injury lawyer is indispensable for accident victims because everything depends on how well the lawyer can build a strong case to make a claim. It requires determining the financial impact of damages by carrying out an extensive investigation. It involves discussing with several people who witnessed the accident as well as therapists and physicians treating the injured to understand the long-term impact of the injuries on the lives of those injured. Besides taking a long time, the process is expensive and might take many months to conclude, which can run into a year or more depending on the complexity of the case. Only an experienced personal injury lawyer in Fort Worth who is thorough about the legalities associated with personal injury can tell what could be the possible outcome with a fair degree of correctness.

The lawyer’s task

The primary task of the lawyer is to assess the damages and assign financial values to each type of damage by using various professional techniques followed by building a strong case. They share the information with the client so that there are no false expectations about how things are likely to unfold.

Motor vehicle accidents are the most common personal injury cases followed by incidents of slip and fall. The law stipulates that the party responsible for causing the accident must compensate the victims for the damages, including injuries. Most personal injury case settlements in Fort Worth and other places happen with the insurance of the offending party. You need a lawyer by your side to counter the lawyers of the insurance company to arrive at a fair settlement. If the settlement falls short of your expectations, and you feel there is the chance of getting justice by approaching the court, then you must file a lawsuit. Once again, the lawyer becomes indispensable.

Factors to consider for assessing damage

Lawyers in Fort Worth consider several factors, some tangible and some intangible, for assigning a monetary value to damages. The lawyer must have a clear idea about how the accident happened and what caused the damages. Moreover, they will consider the severity of injuries and how it can impact the future life of the victim. Injuries can have far-reaching effects on your future life, and to foresee the changes as well as its impact, the lawyer will consider every aspect of the victim’s life from career to earning capabilities as well as the limitations faced in carrying out a regular life.

Black sedan with serious front-end damage; image by Byrev, via
Black sedan with serious front-end damage; image by Byrev, via

The personal injury lawyer will review the medical records of the client and should be able to hint at the kind of settlement that should be possible. The lawyer might compare your case with a similar case handled earlier and by drawing comparisons should be able to make a fair estimate of the claim amount.

What are compensatory damages?

As the name suggests, compensatory damages constitute the total financial losses suffered by the victim due to the accident, and it includes everything from loss of income to the medical expenses and from property loss to pain and suffering as well as housekeeping/ home maintenance.

What exactly are the elements of compensatory damage will become clear on going through the remaining part of this article.

Loss of income

The most visible financial damage that accident victims suffer is that it might incapacitate them for some period, during which time they lose their earning capabilities. In such a situation, the victim can claim the loss of income during the period of recovering from injury. They can also claim for losses likely to happen in the future if the effects of injury hinder the working abilities of the person. It is possible to file claim for lost income from the date of the accident until the date of retirement depending on the merits of the case.

Medical expenses

All reasonable and necessary costs incurred by the victim for undergoing medical treatment to recover from injuries constitute the medical expenses. The amount includes all out of pocket expenses together with expected costs for future care, which might be necessary for prolonged recovery from injuries.

Pain and suffering

The pain and suffering undergone by the accident victim is a key component of personal injury claims and includes both physical and mental pain, agony, and suffering.

The physical injuries are the visible injuries sustained in the accident that cause pain and discomfort and include foreseeable suffering that can happen in the future. Besides the bodily injuries, the victim suffers from mental trauma which is also part of pain and suffering. The emotional distress and mental anguish, along with fear, shock, anger, anxiety, and humiliation experienced by the victim, all cause pain and suffering.

Property loss

Property damaged from the accident also forms a part of the claim by assigning a monetary value to it. It includes the cost of repairing the item and its present market value if the damage is beyond repair and needs replacement. 

If the victim is unable to carry out home maintenance and housekeeping tasks for which it requires hiring an agency, then the cost can also be part of a personal injury claim.

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