What Can You Sue for in a Personal Injury Case?
Gregg Hollander | September 30, 2024 | Personal Injury
Dealing with an injury due to someone else’s negligence can be physically, emotionally, and financially overwhelming. Fortunately, an experienced personal injury attorney in Boca Raton can help you recover financial compensation for losses and damages.
If you’ve been injured or lost a loved one due to someone else’s negligence or wrongdoing, schedule a free consultation with an attorney today to discuss what you, specifically, can sue for in a personal injury case.
Damages You Can Sue for in a Personal Injury Case
Compensatory damages, also known as actual damages, are a type of award that compensates a personal injury victim for the actual financial losses experienced as a result of the accident.
There are three basic types of compensatory damages— special damages, general compensatory damages, and wrongful death damages. Compensatory damages are meant to help restore the financial state you enjoyed before your accident.
Special Damages
Special damages are economic damages with a monetary value calculated in personal injury claims. They are easily quantified by their paper trail of invoices and receipts. Special damages you can sue for in a personal injury case include:
Medical Expenses
You can sue for all medical bills regarding a negligent accident in a personal injury claim. For example, these medical expenses are often awarded:
- Ambulance, ER visits, and emergency care services
- Hospital stays
- Surgeries, including medically necessary cosmetic surgeries
- Medical evaluation and follow-up doctor appointments
- Rehabilitation services (physical therapy, vocational rehabilitation counselors)
- Specialist appointments (massage, chiropractor, acupuncture, pain management)
- In-home nursing care
- Labs and imaging
- Mental health services
- Home healthcare
- Medical assistive devices (braces, crutches, wheelchairs, and prosthetics)
- Medical equipment
- Pharmaceutical and copay costs
- Home modifications (accessible bathroom, chair lifts, ramps, wider doorways)
- The Americans with Disabilities Act (ADA) legally recognizes service dogs as medical equipment, which is recoverable damage in personal injury cases.
Your attorney may also calculate future medical costs based on various factors, such as injury type and severity, age, life expectancy, projected injury recovery time frame, and inflation.
Additional expenses in their future medical care costs calculation include follow-up appointments, surgical costs, physical therapy, counseling, medical equipment, long-term care, and transportation needs.
Travel Costs
Out-of-pocket travel expenses associated with receiving medical treatment for injuries caused by an accident are things you can sue for in a personal injury case. Transportation and travel costs typically include:
- Travel mileage to and from appointments based on IRS mileage reimbursement rates for medical
- Parking fees
- Rideshare expenses like Uber or Lyft
- Taxi or cab fares to and from appointments
- Public transportation expenses to and from appointments
- Rental car expenses
Sometimes, accident victims may require overnight hotel accommodations to attend specialist or rehabilitation facilities outside their local area. These travel damages may also be recoverable in a personal injury claim.
Professional Damages
Professional damages are another monetary damage you can sue for in a personal injury case. Some examples of professional damages people receive compensation for include:
- Lost income (wages or salary)
- Lost overtime
- Loss of bonuses and commissions
- Loss of benefits, such as medical, retirement, or pension
- Lost promotion
Personal injury lawyers will also consider diminished earning capacity and calculate future earnings losses in relevant personal injury settlements.
Property Damages
Property damages that you can sue for in a personal injury claim include:
- Vehicle repairs
- Bicycle, skateboard, or scooter repair or replacement
- Micromobility vehicles (e-scooters, e-bikes, hoverboards) repair or replacement
- Smartphones, smartwatches, tablets, headphones, and other electronics
- Safety gear, such as helmets, knee and elbow pads, and car seats
- Clothing, sunglasses, purses, shoes, and backpacks
- Building or other structural damage, such as fences and mailboxes
Any property damaged or destroyed in your accident because it was on your person or in your vehicle may be recovered as compensation in your personal injury claim.
Living Assistance Services
Personal injury victims who suffer injuries interfering with their ability to perform everyday tasks may need to hire outside help. Some standard assistance services associated with personal injury claims are:
- Home Health Aide Services: Personal injury victims sometimes require assistance with daily living activities like bathing, getting dressed, and using the restroom.
- Household Cleaning Services: If you cannot perform basic tasks like household chores and require cleaning services, they are considered special damages victims can seek in a personal injury claim.
- Childcare Services: If your injuries prevent you from caring for your children entirely and require outside assistance, you may be eligible to receive compensation for those childcare services. For example, a single mom with a newborn might have bending and lifting restrictions that make it impossible to care for her baby without help.
Keep invoices and receipts documenting these services and the medical records outlining your need for them. Those will help your personal injury attorney establish the responsibility of the at-fault party’s insurer to compensate for the damages.
Out-of-Pocket Expenses
All out-of-pocket expenses relating to the accident are costs you can sue for in a personal injury case. The most common out-of-pocket expenses include medical costs, gas expenses to and from medical appointments, living assistance services, and lost income.
General Damages
General compensatory or non-economic damages cover all non-monetary damages incurred in a personal injury case. General damages are more challenging to prove because they don’t come with a universal price tag or receipt. However, an experienced personal injury lawyer can help you recover compensation for:
- Psychological trauma
- Vehophobia (fear of driving that develops after a motor vehicle accident)
- Pain and suffering
- Physical or chronic pain
- Emotional distress
- Mental anguish
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
- Decreased quality of life
- Physical impairment or disability
- Scarring or disfigurement
- Inability to perform certain functions
- Loss of consortium (loss of companionship, love, affection, marital relations)
General compensatory damages have no exact dollar value that can be calculated. Keeping a post-accident journal documenting things like pain levels, loss of ability to do things, loss of enjoyment in life, and anything else pertaining to your physical and emotional state after the accident may prove beneficial to your personal injury case.
Unlike economic damages, there are usually maximum amount limits for non-economic damages awarded in a personal injury case, varying state by state. Ask your personal injury attorney your state’s maximum compensation for general damages.
Wrongful Death Damages
If you and your family have suffered the tragic loss of a loved one due to the negligence or wrongdoing of another individual, you may be eligible to recover damages in a wrongful death claim or lawsuit. These damages include:
- Medical expenses for treatment and care of your deceased loved one before their death
- Final arrangements, including funeral, burial, and cremation costs
- Loss of services and support
- Pain and suffering
- Loss of income and earnings capacity
- Loss of consortium (particularly for the surviving spouse)
Be sure to secure copies of paystubs, tax documents, medical bills, and any other statements that document financial losses incurred due to the wrongful death of a loved one. Keeping a journal to establish your mental state and anguish may be beneficial to your wrongful death claim.
Punitive Damages
Punitive damages, also known as exemplary damages, are punishments intended to dissuade and are usually awarded at the court’s discretion when the at-fault party’s (defendant’s) behavior is especially harmful.
Exemplary damages are not typically awarded in tort or personal injury claims. Some exceptions may involve serious circumstances resulting from a drunk or distracted driver. Only a jury awards punitive damages.
Common Injuries You Can Sue for in a Personal Injury Case
Accident victims may sustain temporary or permanent injuries, creating damages for which they can sue in a personal injury case. These are the most common injuries associated with personal injury claims seeking compensation:
Head and Back Injuries
Head and back injuries are often some of the more severe and difficult injuries to recover from. Common head and neck injuries include:
- Traumatic brain injuries (diffuse axonal injury, hematoma, skull fracture, concussion)
- Spinal cord injuries (paraplegia, tetraplegia, quadriplegia)
- Facial injuries (bruising, bleeding, scarring, eye damage, broken bones)
Head and back injuries often come with longer recovery timelines, necessary rehabilitation services, and permanent impairments or disabilities.
Neck and Chest Injuries
Neck and chest injuries are common in motor vehicle accidents and can be very serious and even fatal. Neck and chest injuries associated with accidents are:
- Bruised, fractured, or broken ribs
- Whiplash (rapid back-and-forth movement of the neck)
The stress of an auto accident can trigger heart attack and stroke, especially in adults 65 and older, within six months of an accident.
Soft Tissue Injuries
Soft tissue injuries are damage to the body’s muscles, tendons, and ligaments caused by an accident. Examples include lacerations, contusions (bruises), sprains, and acute injuries caused by sudden trauma, such as a fall.
Broken Bones
Broken bones are common injuries for which you can seek compensation in a personal injury claim. Broken bones are frequent arm and leg injuries resulting from accidents, and the rehabilitation and follow-up doctor visit expenses can add up quickly.
Internal Injuries
Internal injuries sustained from an accident can be severe and even fatal. Common types of accident-related internal injuries are:
- Internal or brain bleeding
- Pneumothorax (collapsed lung)
- Ruptured spleen
- Rupture of abdominal aorta
- Abdominal aorta aneurysm
Any expenses related to organ or other internal injuries are damages for which you may be eligible to receive financial compensation in a personal injury claim.
Loss of Limbs
Serious accidents may result in needing an amputation procedure to save your life. Personal injury victims who have lost limbs are eligible for financial compensation after an accident.
Post-Traumatic Stress Syndrome (PTSD)
Not all injuries are physical. Post-traumatic stress disorder (PTSD) is a serious medical concern after any traumatizing event, including a personal injury accident. Because there aren’t any outward signs of trauma, PTSD can be more challenging to prove. But not impossible.
What Are the Most Common Types of Personal Injury Cases?
Personal injury cases range from motor vehicle accidents to premise and product liability claims. Personal injury cases seek justice and financial compensation for incidents, including:
- Car accidents
- Truck accidents (semi-trucks, tractor-trailers, 18-wheelers)
- Bus accidents (public transit, school, shuttle, freight)
- Motorcycle accidents
- Rideshare accidents like Uber and Lyft
- Boating accidents
- Aviation accidents
- Train accidents
- Micromobility accidents (e-scooters, e-bikes, hoverboards)
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents (wet and slippery floors, uneven or damaged surfaces, poor lighting, cluttered walkways, inadequate handrails)
- Medical malpractice cases
- Workplace accidents
- Construction site accidents
- Dog bites or other animal attacks that result in injury
- Nursing home abuse (physical, emotional, financial, sexual abuse, and neglect)
- Assault and battery and other intentional harm tort cases
- Premises liability (slip and fall accidents, swimming pool accidents, fires, elevator malfunctions, injury from falling objects, assaults due to lack of security)
- Product liability (injuries caused by defective or dangerous products)
Wrongful death is another critical component of personal injury law. If you and your family lost a loved one due to someone’s negligence and you believe you have a case, consult with a personal injury attorney immediately. They can help you accurately assess the circumstances and legitimacy of your case and advise you on how to proceed.
How Long Will It Take to Settle My Personal Injury Case?
The circumstances of every personal injury case are different. Plus, other states and jurisdictions operate under different personal injury laws. So, delivering an exact timeline for a personal injury settlement is impossible. However, speaking with an attorney about the specifics of your case may help narrow the time margin down.
When Should I Hire a Personal Injury Lawyer?
You should immediately hire a personal injury lawyer if you have been injured in an accident due to someone else’s negligence. Likewise, if you’ve lost a loved one resulting from an individual’s negligence, consult with an attorney.
How Much Does a Personal Injury Attorney Cost?
Retaining a personal injury lawyer requires no upfront fees or out-of-pocket costs. Personal injury attorneys work within a contingency fee arrangement, meaning they take a pre-disclosed percentage of your final settlement check.
It also means they do not get paid unless you do. So, no financial risks are involved, and anyone can afford a personal injury attorney, regardless of economic circumstances. Schedule a free consultation to determine what you can sue for in your personal injury case.