What Types of Compensation Can You Seek in a Personal Injury Claim? 

If you’ve been injured due to someone else’s negligence, you may consider filing a personal injury claim against the person or organization at fault. 

Understanding the types of compensation that can be awarded is crucial to understanding whether filing a claim is worth it and what to expect during the claim process. 

Most claims will cover all your injury-related expenses and will also cover some things that are much harder to calculate, such as “pain and suffering.” We’ll discuss all that and more, below. But if you would prefer to speak directly to an Oklahoma City personal injury, please don’t hesitate to contact us to schedule a free evaluation. 

Economic Damages 

These are sometimes called “special damages,” or “economic losses.” Economic damages are the ones that are very easy to measure, because you often have bills or receipts that show the exact amount. Other damages in this category may be projected costs that can be estimated based on a number of factors. 

Economic damages in a personal injury case can include: 

Medical Costs 

The full cost of your medical bills—not just the remainder you paid after your health insurance coverage—is typically a very large part of your personal injury claim. This includes ambulance and emergency room services, ongoing medical care like surgery or rehab, tests like lab work or CT scans, and other costs as it relates to your personal injury case. 

The Cost of Future Medical Care 

Many victims who suffer extensive injuries require future treatments like surgery, rehabilitation, and in-home care. These projected costs are also an important component of compensation in a personal injury claim. 

Lost Income and Lost Earning Capacity 

Any work that you missed due to the accident or recovery can be compensated as lost wages. Whether you were out of work for several weeks recovering from the accident or lost wages due to attending medical appointments, you deserve to be compensated for those losses. 

Serious injuries may prevent you from returning to your job or leave you at a reduced capacity for work (or even unable to work altogether). In this case, your lost future wages can also be compensated. 

Vehicle Damages or Personal Property Damages 

The accident may have damaged belongings such as your vehicle or other personal items like your cell phone, laptop, eyeglasses, jewelry, and more. The cost of repairing or replacing these objects may be covered through personal property damages. 

Out-of-Pocket Costs 

This category covers accident-related expenses that are not listed above. For example, if you had to hire help to clean your home while you recovered from your accident, or if you had to pay for transportation to your medical appointments. It can also include childcare, meal service, lawn care, snow removal, rental car costs, home modifications like wheelchair ramps, etc. 

RELATED: What Is the Oklahoma Statute of Limitations for Personal Injury? 

Non-Economic Damages 

Also called “general damages,” non-economic damages are not directly measurable. These damages account for the way the accident may impact your life on a short or long-term basis. 

Non-economic damages in a personal injury claim might include: 

Pain and Suffering 

The injuries you sustained in your accident undoubtedly caused you pain, hopefully just for a short time. But sometimes accidents can leave people with life-long pain.  

This category takes into account the depth and length of your suffering. Deeper levels of pain over longer time spans require greater compensation. 

Emotional Distress 

The accident may leave you with ongoing emotional anguish, which can appear as anxiety, depression, insomnia, nightmares, PTSD, or other conditions.  

You may need to provide evidence from a psychologist or psychiatrist to prove emotional distress. The cost of mental health services falls under the medical costs category, but you can also seek non-economic damages for the mental distress that you are experiencing. 

Loss of Enjoyment 

When an accident interferes with your ability to participate in hobbies or activities you enjoy, this is called “loss of enjoyment.” This can include activities like exercise, sports, playing an instrument, and attending worship services or other group events. Diminished quality of life often qualifies for compensation. 

Loss of Consortium 

Injuries and medicinal side effects can change the relationships you once enjoyed. An accident may cause you to lose intimacy and companionship, strain your marriage or family, or prevent you from supporting and guiding your children. This category covers compensation for that loss. 

Permanent Impairment or Disfigurement 

Serious accidents can cause permanent damage or disability. This can include everything from loss of vision or hearing to physical scarring or amputation of limbs. 

Punitive Damages 

For personal injury cases involving extreme negligence or intentional harm, a plaintiff may be able to seek punitive damages. These are typically awarded if the defendant is proven to have engaged in egregiously reckless, malicious, or grossly negligent actions, such as medical malpractice, drunk driving, knowingly selling dangerous products, etc. 

These damages are meant to punish the responsible party and deter others from similar actions. Punitive damages are uncommon, and Oklahoma law has capped punitive damages at different levels depending on the severity of the misconduct. 

How Damages are Calculated 

Calculating damages is a time-consuming and complicated job.  

For economic damages, all documents relating to financial losses must be gathered, organized, and totaled. Future medical costs must be estimated. Pay rates are used to determine lost wages and the impact on future earning potential must be estimated.  

The total of economic losses is used to place a value on non-economic losses. Typically, economic damages are multiplied by a number between 1.5 and 5 to calculate non-economic damages. The higher the severity of the accident and injuries, the impact to the person’s life, and the permanence of the injuries all affect which number is used as the multiplier. 

For non-permanent injuries, a per diem method is sometimes used to calculate non-economic damages. In this case, a daily dollar amount is assigned to the person’s injuries and suffering, and this daily rate is applied to every day that it takes the person to recover from their injuries (or the date that they are expected to recover). 

How An Experienced Personal Injury Lawyer Can Help 

In serious personal injury cases, the expertise of a lawyer can be invaluable. In fact, it’s most likely your best chance for getting the maximum compensation you deserve.  

An experienced lawyer is an essential asset based on their knowledge of the system, skilled negotiation techniques, and willingness to fight aggressively for you while you are recovering from your injuries. 

An experienced personal injury lawyer can help you with their extensive knowledge of: 

• Insurance policy limits. If your injuries exceed the limits of the at-fault party’s insurance policy, a lawyer may be able to find other policies to help cover your compensation. 

• Strength of evidence. A lawyer will understand when more evidence is needed and will have the right contacts to help you provide a strong case, such as knowing the right medical expert. 

• Factors that influence compensation. Your lawyer can take the facts of your case and their experience with similar cases to help you understand what a good and fair settlement looks like. This includes assigning a fair multiplier factor to make sure you get the compensation you deserve. 

• Negotiation strategies. When the insurance company tries to unfairly reduce your compensation, a lawyer will skillfully argue your case and negotiate on your behalf. Your attorney will also advise you on whether to accept a settlement or take your case all the way to court. 

Most importantly, when you are recovering from extensive injuries, it can be extremely difficult to constantly argue with the insurance company in order to receive fair treatment. Don’t let the insurance company get away with lowball offers. Hire an experienced attorney to take on this challenge for you. 

RELATED: What to Expect When You Consult With a Lawyer 

Call on The Wolf Pack™ to Fight for You 

At Colbert Cooper Hill, we know that insurance companies aren’t going to give you the compensation you deserve unless you are willing to fight for it. They’ll try to pin the blame on you, or say your injuries are not that serious. That’s not fair. 

We are here to fiercely protect the rights of Oklahoma citizens just like you. If someone else’s negligent actions have left you injured and alone, just give us a call. Our team is on your side, to help you get the treatment you deserve, including your best chances for recovering from your injuries. 

If you’d like to schedule an absolutely free consultation with our attorneys, contact Colbert Cooper Hill by giving us a call or filling out our online form. We’ll let you know your legal rights, and the best course of action for your particular case. 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.