Damages in a personal injury case are more than simply compensating you for medical bills and lost wages due to your injuries. Personal injuries affect other areas of your life and you have a right to pursue damages for those as well.
Pain and Suffering
In legal terms, Pain and Suffering is the term used for physical and emotional stress caused by an injury. Damages that would fall under pain and suffering include include:
● Permanent impairment of a body part
● Temporary or permanent limitations on activity
● Shortening of life
● Mental issues such as depression
Pain and suffering damages can be proven by the type of medical treatment you have received, medications you’ve been prescribed and the length of your recovery time. Pain and suffering are considered non-economic damages; thus, capped at $500,000 in most cases under North Carolina law.
Catastrophic personal injuries arising from medical malpractice or an automobile collision will usually cause a person to suffer emotional distress. If you are experiencing this, go see a doctor. Manifestations of emotional distress vary from person to person, but typically include:
● Sleep loss
● Mental anguish
To prove emotional distress, medical care of some type is required in North Carolina.
Loss of Companionship
This type of claim is brought on by the spouse or family members of the individual killed or permanently altered in a significant way due to an injury. This type of compensation is meant to make up for the loss of relationship with that person. This claim is also related to Loss of Consortium, which is brought on by a spouse if he or she loses the ability to have an intimate relationship with the injured person.
Wrongful Death is another claim brought on by the spouse or family members of an individual killed by another’s negligence. Family members in standing (such as a spouse, parents or a child) can be compensated under Wrongful Death for:
● Care, treatment and hospitalization of a loved one prior to their death
● Pain and suffering prior to the death of a loved one
● Funeral expenses
● Loss of income due to the care of a loved one prior to their death
● Loss of companionship
● Punitive and nominal damages
The personal injury attorneys at Wilson Law, P.A. have years of experiences and can help you with both economic and non-economic damages stemming from your injuries. Your initial consultation is free, so if you have been injured or if a loved one was killed due to another’s negligence, please contact us today.