FAQ

What Damages Might Be Recoverable in a Personal Injury Claim?

If you’re recovering from unanticipated injuries, your financial security may very well be in jeopardy. Even with health insurance, you may be facing mounting medical debt. And if you’re unable to work, you might not be able to cover essential bills.

Fortunately, you may be entitled to compensation for all the damages you incur as a result of your injuries. As long as you were hurt because someone failed to act with reasonable care—and you can prove as much—you may be able to seek funds for:

1. Medical Expenses

Personal injury claimants can pursue compensation for all the healthcare expenses they incur over the course of their recovery. That means in addition to hospital bills and copays, they can seek funds for home care, prescription drugs, and reasonably necessary medical equipment.

2. Lost Earnings

Most injured parties are instructed to take it easy until their condition improves. As such, they’re usually entitled to compensation for the wages they lose while out of work. If your injuries are so severe that they prevent you from returning to the workforce at all, you may also seek funds for the earnings you would have made over the rest of your career.

3. Other Economic Damages

Over the course of your recovery, you may need help with housekeeping, meal preparation, and child care. Should you suffer permanent disabilities, you may also have to modify your home and vehicle to accommodate your new limitations. Fortunately, the cost of these and other objectively calculable damages could be recoverable.

4. Non-Economic Damages

Living with serious injuries can do a number on your mental health. For example, accident victims tend to suffer from mental anguish, depression, and anxiety. Depending on the circumstances, you may also have to cope with pain, scarring, and disfigurement. Thankfully, tort law allows for the recovery of these non-economic damages.

Since you cannot prove these damages solely using receipts, invoices, and bills, you will have to present other kinds of evidence to prove you incurred them. A resourceful legal team can help you gather the necessary evidence, which might include journal entries, diagnostic images, medical records, deposition from mental health professionals, and statements from loved ones.

5. Punitive Damages

Most successful claims yield only compensatory damages; however, if the defendant’s conduct constituted fraud, oppression, or malice, a punitive award may also be warranted. The burden of proof will lie with you, though, so you will have to present a strong case that you do, in fact, deserve punitive damages.

Speak with a Rapid City Personal Injury Attorney Today

If you intend to file a personal injury claim in South Dakota, turn to Beardsley, Jensen & Lee, PLLC for strategic guidance every step of the way. We have secured more than $15 million in settlements and trial verdicts on behalf of accident victims and their loved ones.

Call (605) 250-1242 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in Rapid City.

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