What Damages Can You Recover In A Personal Injury Case

When a person is injured through someone else’s negligence they are entitled to be reimbursed for the loss or damages they have suffered. West Virginia Personal Injury Attorney Jeffrey T. Jones recently discussed the damages that are typically recoverable.

“I have been practicing personal injury law for over twenty-five (25) years and one of the first questions I almost always get asked, whether it’s in a car accident, slip and fall or any other injury case, is “what damages can I recover?”, said Attorney Jeffrey T. Jones.

Jones writes, “The damages an injured person can recover vary from state to state, but usually these are generally the damages that can be recovered:”

Pain and Suffering: Ordinarily, the most valuable element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury.  These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.

Medical Expenses: the cost of all reasonable and necessary medical expenses incurred and that are reasonably certain to be incurred in the future because of your injury, are recoverable.  These expenses include past (already incurred) medical expenses and also future medical expenses, which may be the product of the original injury or that result from an increased susceptibility to future injury.  All forms of care and treatment , whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included if they are related to the original injury.  In most cases, you can recover the full value of your medical expenses from the responsible party, even if your health insurance has paid all or part of your bills.  However, you may have to reimburse your health insurance for the bills they paid.

Loss of Earnings: You also may be entitled to recover the loss of earnings suffered from your injuries.  Thus, wages commissions, bonuses and all other earnings and fringe benefits may be recoverable.

Future Loss of Earnings: If your injuries permanently limit your ability to earn, you may recover the value of the reduction in earning capacity that you can prove with reasonable certainty will occur in the future.  These damages compensate you for your lost earning power over the remainder of your working years.

Death: Damages for wrongful death are available for the wife, husband, parent and child of the deceased person.  Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may recover.  Damages are not limited to economic loss and may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education.  Damages are available for the deceased’s estate, as well.

Disfigurement: If the injury causes scarring or other unsightly marks, you may be entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.

Damage to the Marital Relationship: Serious injuries to one’s spouse may cause damage to the marital relationship.  If this occurs, you may be entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs.

Damage to Your Vehicle or Other Personal Property: You are entitled to be made whole for any damages to your personal property.  When your vehicle can be repaired, you are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision.  In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle.  If the cost of the repair is more than the value of your vehicle ( a total loss) you may be entitled to recover the full value of your vehicle before it was damaged.

“Remember, if you’re injured due to someone else’s negligence, always check with a local attorney to see what damages you may be entitled to recover”, said Jones, who has authored the West Virginia Automobile Accident Guide.