What Should I Ask for in a Personal Injury Claim?

If you're involved in a legal matter in Oklahoma Tulsa Oklahoma attorneys at Boettcher, Devinney, Ingle & Wicker, can help. They have a team of attorneys that practice law in those areas that people need. For more info call us 918-728-6500.

Date:   12/15/2021 4:00:21 PM   ( 3 y ) ... viewed 264 times

The claim process can be confusing, especially when trying to determine what you should ask for in your claim. What do plaintiffs want in personal injury claims? This article will give some general information about what plaintiffs may request after an accident. This is not intended to be legal advice and is only meant to provide general guidelines about the types of damages that are typically requested in a lawsuit.

If you're involved in a legal matter in Oklahoma Tulsa Oklahoma attorneys at Boettcher, Devinney, Ingle & Wicker, can help. They have a team of attorneys that practice law in those areas that people need. For more info call us 918-728-6500.

 

Some states use different terminology than others, so there might be slight differences between how your state handles compensatory damages. However, generally, when filing a lawsuit, many people say they are "suing" or "seeking compensation" from another party for compensatory damages (which cover tangible losses like medical bills and time away from work). Compensatory damages are considered separate from any punitive damages that may be awarded in an effort to punish the defendant. Punitive damages are typically not requested until after a jury has determined liability and assessed any compensatory damages against the defendant(s).

 

Punitive Damages:

 

Punitive damages, which compensate plaintiffs for their pain and suffering, can be requested when liability is clear and compensation for losses cannot fully compensate the plaintiff. However, even if defendants are found 100% liable for injuries caused by their negligence, courts often limit or deny requests for punitive damage awards in order to prevent runaway verdicts that could potentially bankrupt innocent parties. For this reason, it is not uncommon for courts to calculate "actual" (compensatory) damage awards UNDER what juries may have come up with if they were allowed to decide punitive damages as well.

 

Types of Damages:

 

Medical Bills: 

 

One of the most common types of damages requested in a personal injury case are medical bills. This includes both past and future medical expenses. If you have been injured, it is important to keep track of all your medical bills and document any treatment you receive related to your injury. It is also important to keep track of any time you miss from work as a result of your injury. 

 

Lost Wages: 

 

If you have had to take time off from work because of your injuries, you can request damages for lost wages. This includes both past and future wages. If you are unable to return to work at all because of your injuries, you can also request damages for loss of future earning capacity. 

 

Pain and Suffering: 

 

Pain and suffering is the most common type of compensatory damage requested in a personal injury case. This includes both physical pain and emotional distress. It is important to have documentation of any pain and suffering you have experienced as a result of your injuries. 

 

Property Damage: 

 

If your property has been damaged as a result of the accident, you can request damages to repair or replace the property. 

 

Attorney's Fees: 

 

If you hire an attorney to help with your case, you can request damages for attorney's fees. 

 

Hiring an experienced personal injury attorney is the best way to ensure that you receive the damages you deserve in your case. Your lawyer will be able to tell you what type of damages to request and can help you negotiate a fair settlement.

 

If you have been injured in an accident, it is important to speak with an Oklahoma personal injury lawyer as soon as possible. The attorneys at Boettcher Law are experienced in handling personal injury cases and can help you get the compensation you deserve. Contact us today for a free consultation.

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