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Pain And Suffering: Ordinarily,
the most "valuable" and "critical" 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 accident injury
or abuse. These general damages are in addition to and may be far more than the
amount of your lost earnings and medical expenses. Loss of your Earnings:
You are also entitled to recover the loss of earnings suffered from your injuries.
Thus, wages, commissions, bonuses and all other earnings and fringe benefits are
recoverable. Medical and Hospital Expenses: The cost and expense
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 costs 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
medical care and treatment, whether hospital, medical, therapy, nursing, diagnostic
testing, surgery, physical rehabilitation or pain management are included. You
can recover the full value of your medical expenses from the responsible party
even if your health insurer has paid all or part of your bills. However, be aware
that most health insurance contracts have a "subrogation" clause, that
gives them the right to be reimbursed for any amounts they have paid you. Loss
of Future Earnings: If your injuries permanently limit your ability to earn,
you can recover the value of the reduction in earning capacity with reasonable
probability which will occur in the future. These damages compensate you for your
lost earning power over the remainder of your working years, and can be even greater
than the pain and suffering or general damage awards mentioned above. Damage
To Your Vehicle Or Other Personal Property: You are entitled to be made whole
for any damage to your personal property. Where they can repair your vehicle,
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 repair is more than the value of your vehicle (a "total loss"),
you are entitled to recover the full value of your vehicle before it was damaged. Wrongful
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 are entitled to recover
for the disfigurement and humiliation or embarrassment associated with the disfigurement. Damage
To The Marital Relationship: Serious injuries to one spouse may cause damage
to the marital relationship. If this occurs, you are entitled to recover for the
loss of society, affection, assistance, conjugal fellowship and loss or impairment
of sexual relations that occurs.
IIPA,
LLC Consulting © for Mentz and Associates |
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