If you’ve decided to file a Pawtucket back injury claim, you might be wondering how much you will get in compensation. Unfortunately, you won’t get a straightforward answer to your question and this is the reason why…
The settlement value of any given claim is determined on a case-by-case basis since back injuries can range from serious spinal cord injuries to sprains and strains. But there are some general guidelines that are typically followed when evaluating the settlement value of a claim.
There are three types of damages in a back injury case:
1. Special Damages
These are sometimes referred to as economic compensatory damages. These damages refer to financial losses caused by money spent on treatment, repair or replacement of damages property and lost wages. Economic compensatory damages might include:
Lost income and wages: In a Pawtucket back injury claim you can claim compensation for any lost income and future reduction in earnings caused by your injury. Insurance adjusters or the jury will examine your salary history and the amount of work you missed. This also includes your vacation and sick time. They will use a complex formula to calculate your lost future income. They will assess how your back injury impacts your ability to do your job and your future earnings.
Past and future medical bills: your medical bills will be determined by the extent of your injuries. For instance, you will need X-rays, which will be used to assess your injuries. X-rays can cost anything from $100 to $1000. You most likely will also need physiotherapy and if you have suffered serious spinal cord injuries or you are paralyzed, the cost of future medical care will cost you millions of dollars.
2. General Damages
These are sometimes referred to as non-economic compensatory damages. As the name suggests, they are damages that are not easy to put a dollar value on. They include:
Loss of consortium: your back injuries might be so serious that your family, spouse and children are deprived of a normal loving relationship with you. With the help of a Pawtucket back injury lawyer, you can be awarded loss of consortium damages.
Pain and suffering: a special process will be used to determine how much you will receive for your pain and suffering. The extent of your injuries will be factored in. So the more serious your injuries are, the more compensation you are likely to receive.
3. Punitive Damages
In some instances, you might be awarded punitive damages. You must, however, prove that the defendant’s inaction or action was more than negligence on their part and that they intentionally meant to cause you harm. Keep in mind that you will only be awarded punitive damages after your case has gone through a civil trial and the jury has found that punitive damages are appropriate. In short, punitive damages will only be awarded in order to punish the defendant for their behavior and not to compensate you.
Factors That Might Affect Your Pawtucket Back Injury Claim
The insurance adjusters or the jury will also look at other factors apart from the extent of your injuries. They might look at:
Rhode Island adheres to the pure form of comparative negligence. This means that you may be able to recover damages if the other party was responsible for 50 or 51% responsible for the accident. You should also know that your damages award will depend on the amount of responsibility you bear. If you’re deemed to be 10% at fault in your accident, you will receive 90% of your total damages.
Read more about comparative negligence in Rhode Island.
Failure to Mitigate Damages
Following an accident, you are required to take reasonable steps to lessen your damages. For instance, if the doctor prescribed a compression brace for your strained back and you didn’t wear it all causing your injuries to be more severe, the defendant will not pay you at least a portion of the damages.
Pawtucket Back Injury Lawyers Can Fight for Your Rights
If you’ve suffered a back injury in Pawtucket, you need a back injury lawyer you can trust. Our lawyers at Kevin P Landry law offices will:
- Use their extensive experience in back injury claims to get you the compensation that you deserve.
- Worry about your well-being before anything else
- Meet you at your hospital room, your office or in your home at your request.
If you would like to schedule a free initial consultation, you can visit our offices in Pawtucket or call us at 401-722-3400 today.