Compensatory Damages For A Personal Injury Settlement

Are you considering filing for a personal injury settlement due to a slip and fall, car accident, or other type of injury? Before you start, it's important to understand what type of compensatory damages you could be entitled to.

The only way to get an estimate for your specific situation is to consult directly with a lawyer and go over your case. However, it can be helpful to know what kinds of compensatory damages are addressed in a personal injury settlement, and how litigation can benefit your life.

Examples of Compensatory Damages

Most cases that are classified as a personal injury settlement are claims where the primary type of damage is to a person. These damages may be in the form of physical, mental, or emotional harm. The items that you could receive compensation for, include but are not limited to:

  • Medical Treatment: From doctor's bills to hospital stays to prescription medication, these costs can all be compensated if you win the personal injury settlement. This also includes future medical care that you might need as a result of the incident in question.
  • Loss of Income: If you have to take off work because of your accident--either temporarily or permanently--you can get compensation for income or loss of income.
  • Pain and Suffering: If you were injured and had to go through pain and suffering because of the accident, you can also receive compensation for this.
  • Emotional Distress: If you have PTSD, anxiety, or even depression because of the accident or subsequent injuries, you can get compensation from your personal injury settlement that will enable you to obtain help for these issues.
  • Loss of Enjoyment: If the injuries you sustained from the accident are keeping you from enjoying everyday activities that you used to partake in such as hobbies, recreational activities, or even exercise, you could be entitled to receive compensation for loss of enjoyment damages.

How Your Actions Can Affect Compensation

There are also certain things you can do personally that can affect whether you receive compensation in your personal injury settlement or if its decreased.

  • Comparative Negligence: This happens when you're at fault (even partially).
  • Contributory Negligence: This happens if you are blamed for the accident. It's similar to comparative, but only followed in a handful of states.
  • Failure To Mitigate: Yes, your compensation can also decrease if you don't do anything. If you were told, for example, by a doctor that you needed surgery or certain medical treatment and you chose not to do it, your reward for damages can decrease significantly!

Have you been personally injured in an accident? A free consultation with Sloat & Nicholson can help you determine whether you have a case and what kind of compensatory damages you may be entitled to in a personal injury settlement. To set up your consultation, give us a call at 1-800-873-3202.