Personal injury lawsuits exist so that plaintiffs can hold negligent parties accountable and get the compensation they deserve and need.

When you suffer an injury in an auto collision that someone else caused, you could be left with massive medical bills, lost wages, and other expenses that shouldn’t be your responsibility. The change to your life could range from a mere inconvenience to something you’re not sure you could crawl out from. Either way, that’s why personal injury lawsuits exist: You, the plaintiff, can hold the negligent party accountable and get the compensation you deserve and need.

HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH? The value of your case depends on a few key factors: the circumstances of your collision, the severity of your injuries, and limits on insurance coverage, among other things. The primary driver behind case value is how much the plaintiff could get in the damages, including:

* Past medical bills;

* Future medical bills;

* Lost wages;

* Loss of earning capacity;

* Pain and suffering;

* Mental and emotional distress; and

* Loss of enjoyment of life.

Some of those considerations might not have a clearly articulated value at first. However, based on our knowledge adn experience, we can offer an estimated case value after fully assessing your medical records, police records, statements, and other evidence, such as the progression or regression of your physical and mental state after an auto collision. The whole picture can provide a window into what to expect from a personal injury lawsuit.

COMPENSATION FOR DAMAGES IN A PERSONAL INJURY LAWSUIT. As mentioned above, plaintiffs can get compensation for certain types of damages related to their injuries. Essentially, personal injury lawsuits are filed to seek compensation, also known as “damages,” for the harms plaintiffs have suffered. The idea is that an injury victim is compensated so that they don't have to bear the financial burden of the consequences of another’s actions.

There are several different types of damages you could get in a personal injury lawsuit, some of which are “economic” and tied to specific costs incurred in the aftermath of an injury, and “noneconomic,” which are more subjective. What is available and how (and if) they are limited depends on where you live and/or where the injury occurred.

* Medical Bills. Those involved in a car crash might need to get medical care. This can include tests, treatment, hospital stays, and outpatient care to address immediate injuries. However it doesn’t always end there. Medical care could also be required on an ongoing basis, especially if there are serious or permanent injuries. Overall, this can be expensive. The injured person can face medical bills that are thousands or even hundreds of thousands of dollars. Damages assessed against the defendant in a settlement or trial should, ideally, cover all of this.

* Lost Wages. You were injured and you had to miss work. Maybe it was just a matter of using some sick time to go to doctor’s appointments or perhaps you were in the hospital and had to take a lot of time off. Or you were injured so severely that you can no longer work. Whether it’s the loss of a few days or the inability to work at all going forward, you could be entitled to compensation for those lost wages.

* Pain and Suffering. This category of compensation is calculated and awarded based on the depth and breadth of the pain and suffering you’ve endured—your type of injury and what medical treatment was required. To get this kind of compensation, the plaintiff will need to have as much evidence as possible to prove the impact of an injury caused by the negligence of another.

Medical records, which can show diagnoses, prescriptions, clinical visits and hospital stays, are a major way of showing both the extent and duration of recovery from an injury. This only works, though, if you are proactive about your treatment and communicate with your physician in a comprehensive manner. It can also be helpful to take photos and videos of your injuries and keep written records of your symptoms.

In gathering sufficient evidence that accurately represents your condition, you are providing information a jury (or even an insurance adjuster) could use to estimate how much money you should get for pain and suffering. In court, there generally isn’t a single, standard calculation used to assess a dollar amount on pain and suffering, although you will read about a “multiplier” calculation around the internet. Essentially, a jury could award compensation for pain and suffering based on fairly subjective factors, such as the credibility of the plaintiff’s testimony and whether they even like the plaintiff. Having records and related evidence can help bolster your case for pain and suffering compensation in the face of these subjective factors.

* Emotional Distress. This type of compensation is related to an injured person’s mental and emotional state following an injury. After all, severe injury isn’t exclusive to a person’s exterior. Depending on the nature of the collision, a personal injury victim could suffer anything from anxiety and depression to severe mental trauma, such as PTSD. Acquiring damages from emotional distress typically requires you to have comprehensive and accurate records from your therapist, psychologist, or psychiatrist, as well as a diagnosis of a specific psychiatric condition.

* Wrongful Death. Wrongful death claims are civil actions filed by survivors of an individual killed due to the negligence or misconduct of another party. Survivors are left without the love, support, and income of the deceased family member, and courts can award compensation accordingly.

The compensation provided by an award of damages for wrongful death can help ease the financial burdens associated with the loss of a loved one. Compensation awarded is designed to cover the lost income, leftover bills, and funeral expenses survivors face because of the death of their family member. It is also designed to help compensate for less specifically quantifiable aspects of a wrongful death, such as the sudden and unnecessary loss of someone’s spouse or parent. For example, laws will generally refer to this as something like “lost parental companionship, instruction, and guidance” for children who survive their parents.

* Loss of Consortium. If you or a loved one are in collision and injured to such an extent that you can’t truly carry on a complete relationship with your spouse or partner (or them you)—or one of you were killed in a collision—you could be eligible for compensation for loss of consortium (also called “loss of companionship”).

WHAT YOUR LAWYER DOES. Your lawyer is at the front line of your fight to get the compensation you deserve in a personal injury suit. First, they will assess your case to best determine how to fight for you. They will:

* Gauge the depth and breadth of your injuries and the negligent circumstances involved;

* Investigate the scene of the crash;

* Question witnesses;

* Request documentation;

* Work with medical experts;

* Review documents, photos, and videos; and

* Work with experts who can reconstruct the scene of the colllision.

That’s not all, though. They will use all of that information to go head-to-head with the defendant’s insurance company and/or attorneys to get you the best compensation possible.

YOUR ROLE IN YOUR LAWSUIT. When you’re the client in a personal injury case, there are only a few things you need to do, including:

* Don’t admit fault for your injury;

* Continue getting treated by your doctor;

* Document any ups and downs you encounter because of your injury; and

* Give your lawyer any documentation you have that can help your case: police report, insurance documents, and photos or videos you have of your injuries or the accident scene, among other things.

If you or a loved one have been injured in an auto collision and need legal representation to present your claim for damages, give us a call at 253.858.5434 to set up a meeting for a free initial consultation right away.