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Which of these damages will be recoverable after your accident?

On Behalf of | Apr 30, 2018 | Blog |

Victims of automobile, motorcycle, pedestrian or other road accidents in Oklahoma might have grounds to pursue financial recovery of damages. If you are in such a situation, you might have many questions about the damages that you could claim. This is a complicated field of the law, and navigating a personal injury lawsuit might be challenging.

The damages that you could claim in a personal injury lawsuit will depend on state laws and on the types and severity of your injuries. Sometimes, a loved one who was not even in the vehicle might have grounds to claim damages. It is possible to recover both economic and noneconomic damages, and learning about the different types of damages might help when you consider your options.

Economic damages

You must accurately document all your claims and provide documented proof for financial losses, which could include any of the following past and future losses:

  • Medical expenses: This includes services provided by doctors, therapists, hospitals, the ambulance and any other costs related to the accident injuries along with the proposed costs for future medical care, therapy or physical rehabilitation that may follow.
  • Lost income: You can claim lost wages from the date of the injury to the judgment date, and if the nature of the injury jeopardizes future earning capacity due to permanent disability, the claim may include estimated lost future income. The court will consider age, life expectancy, health, skills, occupation and more.
  • Household services: The court might even consider the costs of hired help with household tasks, shopping, walking the dogs and more due to your incapacity.

Noneconomic damages

Sometimes, the nature of the accident, the type of injuries and the trauma of the incident cause one emotional or psychological problem that leads to others. However, quantifying emotional claims in a personal injury lawsuit is challenging. If applicable, you could include any of the following noneconomic damages:

  • Pain and suffering: For such a claim, the jury will consider the nature and severity of the injury and how long it will likely last to determine the monetary value of past and future physical pain and suffering; however, the process to establish the value of emotional pain and suffering is more complicated.
  • Disfigurement and permanent disability: Apart from the financial losses for these damages, mental anguish and psychological harm can result from the constant awareness of the disfigurement.
  • Mental anguish: The fright and terror experienced during the accident could lead to anxiety, nervousness, apprehension, embarrassment and feelings of lost dignity.
  • Loss of life enjoyment: This type of damage involves your inability to continue the day-to-day pleasures, hobbies and other activities that provided enjoyment to your life before the accident.
  • Loss of consortium: The loss of affection, comfort, solace, sexual relations and other benefits of married life might form a part of the documented claims, and the uninjured spouse typically files this claim.

Guidance is available

The support and guidance of legal counsel is crucial for this part of a personal injury lawsuit in Oklahoma. An attorney can explain the finer details of each type of damage and assess the viability of each claim — along with the necessary documented proof — before presenting it to the court for adjudication.