What is Personal Injury Compensation?

Personal injury cases are some of the most commonly filed lawsuits in Pennsylvania, and it’s not hard to see why. Accidents are an unfortunate fact of life, and when they happen, Pennsylvania law states that victims have the right to seek personal injury compensation from the at-fault party.

If you suspect that you're the victim of a personal injury, it's essential to seek out legal representation to help you get the compensation that you deserve, but it's also helpful to understand the ins and outs of personal injury compensation to determine whether you have a case to begin with, so just what constitutes a personal injury in the first place and what types of damages can you receive for your personal injury case?

What is a Personal Injury?

Personal injury is a broad term that encompasses any physical or psychological harm caused by someone else's negligence or intentional actions. In simpler terms, if you have recently sustained an injury that wasn't your fault, you may have a valid personal injury case to pursue.

Personal injuries come in all different shapes and sizes. It could be anything from a car accident caused by a reckless driver or a work accident caused by unsafe work conditions to injuries from medical malpractice, defective products, and many more.

While there is an almost endless list of situations that may constitute a personal injury, as long as you can prove that someone else is at fault, you have the right to seek compensation for your losses.

What Type of Damages Can You Receive For Your Personal Injury

Every personal injury case is different, and the damages that you receive for your particular case will vary widely depending on the specific details of your case.

There are three different types of damages that you may receive as a result of your personal injury case, and it’s important to understand all three if you want to get a good idea of what compensation the at-fault party may owe you.

Special or Economic Damages

The first type of damages that you may receive from your personal injury case is called special or economic damages. These damages are generally the easiest to calculate as they compensate for direct economic losses due to the injury.

Personal injuries can have both immediate and long-term financial consequences that include everything from medical bills, rehab costs, and potential future medical care costs to lost wages or capacity to earn wages in the future due to being unable to work.

General or Non-Economic Damages

The second type of personal injury damages are general or non-economic damages, which, unlike economic damages, are much more difficult to calculate.

The purpose of non-economic damages is to compensate victims for the emotional and psychological stress that they had and will have to suffer as a result of the accident. Particularly, traumatic injuries that cause a great deal of pain and suffering tend to have larger payouts of non-economic damages.

Many of these types of injuries may also come with long-lasting consequences that may prevent you from enjoying your life to the extent that you did before, leading to an even higher award for non-economic damages.

Punitive Damages

Punitive damages are much less common than the other two types of damages, but they are still something you'll need to consider when thinking about the damages you may receive from your personal injury case.

These types of damages are only awarded in personal injury cases where the accident was due to extreme recklessness or negligence on the part of the third party. They essentially act as a punishment to penalize the third party for their extreme recklessness as well as a deterrent to prevent the at-fault party or any others from acting in a similar way in the future.

Punitive damages are, again, quite difficult to calculate, and the vast majority of personal injury settlements exclude these types of damages in the future.

How Much is My Personal Injury Claim Worth?

Now that you know all about the different types of damages that make up personal injury compensation, you may just be wondering how much your particular claim is worth.

Calculating the payout of a personal injury case can be nearly impossible until you know the final verdict of your case, but that doesn’t mean you have to be completely clueless when pursuing your case.

The final value of your claim is always the sum of the three types of personal injury damages, and considering that economic damages are pretty easy to calculate, this gives you a good starting point.

The other two types of damages, on the other hand, are much less straightforward, and you’ll likely need to seek help from an experienced personal injury lawyer who can analyze all the evidence, deal with insurance companies, and look through past cases to get a good estimate.

Ultimately, the value of your case will depend on the judge or jury who hears your case, so no matter what estimate you come up with beforehand, you won’t be able to know exactly what compensation you get until the case is over.

Contact HoeyLegal Today

Are you looking for a Chester County personal injury attorney that you can trust to win your case? Look no further than HoeyLegal.

HoeyLegal is Chester County's premier personal injury law firm, specializing in everything from auto accidents and slip and falls to medical malpractice, nursing home negligence, and many more. Their team of personal injury experts has extensive experience working with all sorts of personal injury cases and has a proven track record that includes winning tens of millions of dollars for their clients.

All you have to do is call, and their team will help you schedule a free consultation where they'll take the time to get to know you and your case and will tell you more about your options and how they can help you get the compensation that you deserve.

If you're the victim of a recent personal injury, don't push off pursuing your case any longer. Call HoeyLegal and get the expert legal representation you need to get fair and just compensation for your losses today!

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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