Proving Your Damages in a Personal Injury Lawsuit
As the victim in a car accident, you are entitled to seek financial compensation for your injuries in addition to quality medical treatment. Even when you share blame for the accident, in some circumstances you can seek damages from the other responsible party. You have the right to receive money for your injuries, especially if you are no longer able to work.
There are two types of losses in a personal injury lawsuit, pecuniary losses and non-pecuniary losses. Pecuniary losses are the losses that you can measure. These losses can include lost wages because of your injuries, property damage because of the accident, and any other monetary loss that has a specific value directly related to the accident. Non-pecuniary losses are more difficult to measure, as they are subjective in nature. Non-pecuniary losses can pain, suffering, or loss of enjoyment. In general, the more severe your injuries are, the higher your non-pecuniary losses will be.
How to Prove Your Damages
How you prove your damages is going to take some time and effort. While you can easily prove the cost of repairing your car by providing a bill, proving your non-pecuniary losses will take some work. You will need to work closely with your treatment team to ensure that you are getting the proper medical care you need in order to heal. While your goal is to recover fully, attending treatment also provides you with the medical documentation necessary to prove the extent of your injuries. As you go through treatment, pay attention to any recommendations and follow through with treatment.
Meeting With Your Care Providers
Every time you go to a medical appointment, it’s important to be clear about your injuries. You will need to be honest with your doctors and listen to their medical advice. If you start missing appointments, it will appear as if you aren’t as injured as you are claiming to be. When you meet with a treatment provider, keep a log of your visit at home. This way, you can keep track of everyone you have seen to treat your injuries because of the car accident. Make a note how about how you are feeling that day and if you learned anything new about your injuries or treatment options.
When you have been in a car accident, determining fault can make a big difference in your case. If you are found 10% at fault, for example, you will receive more money than if you are found 40% at fault. A judge will look at your overall compensation and then subtract money for your percentage of fault. Talk with your personal injury attorney if you are concerned about the accident report and believe that it needs to be corrected. The lower your fault percentage, the higher percentage of compensation you will receive.