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Personal Injury
Damages
The damages recoverable in a personal injury action include all medical expenses and future medical expenses; pain and suffering and future pain and suffering; lost wages and future lost wages; and in some cases loss of consortium. Damages are paid in a lump sum at the end of the case either through settlement or jury verdict. Once the final amount is determined, you cannot seek additional amounts in the future for the same claim.
Medical Expenses. Medical expenses are based on actual medical bills incurred. Future medical expenses are based on testimony regarding the likely cost of long term care. Even if your own health care insurance has paid for your medical bills, you are entitled to be compensated for the full amount as if you had paid them yourself. However, your medical insurer may under certain circumstances seek reimbursement from you.
Pain and suffering. Pain and suffering is an intangible number meant to compensate you for your actual pain and suffering as a result of the injury. Future pain and suffering takes into account how long your condition will continue and its affect on your daily life.
Lost wages. When you are out of work due to an injury, you are entitled to be compensated for your lost wages. Even if you were compensated through sick leave or vacation leave, you are entitled to be compensated for that loss the same as if you were not paid. You are also entitled to be compensated for future lost wages, particularly when you are unable to return to the same type of work or to work at all.
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