Proving The Merits Of Your Personal Injury Case: Losses And Extent Of Injury Are A Big Part Of Compensation
A personal injury lawsuit can only be filed when you have had losses. If you are in a car accident caused by another person, but you didn't get hurt and your property wasn't damaged, there's no personal injury for you to sue for. The compensation you receive from winning a personal injury lawsuit depends on the extent of your injuries, how long your injuries are expected to last, and any measurable losses that you identify because of the accident. You will need to show proof of your losses, and that includes treatment records that will indicate the seriousness of your injuries. When you file a personal injury lawsuit, you will need to be cooperative with all medical treatment and work closely with your attorney to strengthen your case.
An Injury Must Have Occurred
Consider a personal injury lawsuit that involves medical negligence. Say you are in the hospital, and you are given a high dose of the wrong medication. This medication causes you to fall asleep for the next twelve hours, but there are no permanent effects from the medication. While there is negligence present, there isn't an injury that you can sue for. In the reverse, if you were given the wrong medication and you became permanently disabled from a stroke, you do have a viable personal injury lawsuit to file due to medical negligence.
Your Pecuniary Losses Are Easy to Prove
The first losses considered in a personal injury lawsuit are your pecuniary losses. These are losses that are easy to measure, such as bills from medical procedures and repairs to a vehicle that was damaged. Other losses you can measure are time lost from work and other bills that have accumulated because you have been injured. This is the easiest part of determining what you should receive if you win your lawsuit.
Losses That Are Harder to Measure
When you win a personal injury lawsuit, the higher monetary amounts are usually from the losses you sustained that are more difficult to measure. These losses include your pain and suffering and your loss of enjoyment in life. If you have become permanently disabled, you will also need to consider your future lost wages as part of your compensation. This is where you will need to provide proof as to the extent of your injuries. In general, the more serious your injuries are, the higher your compensation will be if you win your lawsuit.
For more information, contact a personal injury attorney.