What Damages Can You Sue For in a Personal Injury Case?

Being injured in an accident can turn your life upside down. If the accident wasn’t your fault, you might wonder whether pursuing a personal injury claim is worth it or if your case could lead to meaningful compensation. You may wonder, “What damages can I sue for?” This is where it’s important to talk to a Philadelphia personal injury lawyer right away. 

At The Rothenberg Law Firm, we’ve spent over 50 years helping injury victims seek justice and obtain billions in compensation for their injuries. Working with a personal injury attorney who understands the various types of compensation available can help you take the next step toward recovering your losses. 

Talking to a lawyer is crucial if you’ve been hurt because of someone else’s negligence. Beyond the pain of physical injuries, you may be dealing with emotional trauma, financial strain, and uncertainty about the future. 

Our experienced personal injury attorneys can assess your case, determine the types of compensation you may be entitled to, and fight for your right to recover every dollar you deserve.

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Philadelphia Personal Injury Guide

• The Importance of Speaking with a Lawyer
• Types of Damages in a Personal Injury Case
• Evaluating Long-Term Impacts and Future Damages
• Wrongful Death Damages
• How Lawyers Assess Damages
• Negotiating With Insurance Companies
• How a Lawyer Prepares for Trial
• How Timing Affects Personal Injury Claims
• How The Rothenberg Law Firm Can Help: Contact Us for a Free Consultation

The Importance of Speaking with a Lawyer

Feeling overwhelmed and unsure about the next steps after an accident is natural. Insurance companies may pressure you to settle quickly, and you might wonder if you should accept their offer or go through the hassle of pursuing a lawsuit. 

You should always talk to an attorney before you report an accident or speak with insurance representatives. A lawyer can provide you with an honest evaluation of your case and explain the potential compensation you could receive. 

This includes not only the visible costs of your injury, such as medical bills and lost wages but also the hidden toll—like the emotional suffering and mental anguish that often accompanies traumatic events. Legal claims can also account for future costs related to your recovery, ensuring you aren’t left struggling. 

Without proper legal guidance, you might settle for far less than your case is worth. The Rothenberg Law Firm offers a free consultation, so there is no risk for you to talk with an attorney who can thoroughly review your potential claim and advise you on the best course of action. 

If you decide to work with us, there are no up-front fees or hidden costs. We do not recover attorney fees unless we secure a settlement or verdict for you.

Types of Damages in a Personal Injury Case

Personal injury cases allow victims to recover two main types of damages: economic damages and non-economic damages. Both play a critical role in helping you recover after a devastating accident.

Economic Damages

Economic damages, often referred to as special damages, are the tangible, easily calculable losses you incur because of the accident. These damages are often straightforward, as they represent actual financial costs. Some common types of economic damages include:

• Medical Expenses: This includes all medical bills related to your injury, such as emergency room visits, surgeries, hospital stays, physical therapy, medications, and any ongoing treatments you may require. It also covers future medical expenses if your injury requires long-term care.
• Lost Wages: If your injury forces you to take time off work, you can claim your lost wages and other income. If your injury affects your ability to work in the future, you can also seek compensation for lost earning capacity.
• Property Damage: In motor vehicle accidents, you can seek compensation for any damage to your car or other personal property.
• Other Out-of-Pocket Costs: This includes incidental expenses such as transportation to medical appointments, the cost of hiring help for household tasks you can no longer perform, and other related expenses.

Non-Economic Damages

Non-economic damages, also known as general damages, are more difficult to quantify but just as important. These damages address the emotional and psychological toll the accident has taken on you. Many people are unaware that non-economic damages are often a significant part of a personal injury claim. Examples of non-economic damages include:

• Pain and Suffering: This refers to the physical discomfort and pain resulting from your injury. The more severe and long-lasting your pain, the higher the compensation you may be entitled to.
• Emotional Distress: An accident’s emotional and psychological impact can be profound. Many accident victims experience anxiety, depression, or even post-traumatic stress disorder (PTSD) in the aftermath of a traumatic event. Emotional distress damages compensate for this unseen but very real suffering.
• Loss of Enjoyment of Life: If your injury prevents you from enjoying hobbies, activities, or other aspects of your life, you may be able to claim compensation for this loss.
• Loss of Consortium: If your injury affects your relationships with loved ones—such as losing the ability to provide companionship, care, or intimacy—your spouse or family members may be entitled to compensation for this loss.

Evaluating Long-Term Impacts and Future Damages

One of the most important things a lawyer will do in a personal injury case is to evaluate future damages. Many injuries have long-term consequences, and settling too early can leave you without the financial resources you’ll need for ongoing care. An experienced attorney will work with medical professionals to determine the future impact of your injuries. This includes considering:

• Progressive Injuries: Some injuries, especially traumatic brain injuries (TBIs) or spinal cord injuries, may worsen over time. Your lawyer will take into account the progressive nature of your condition and its long-term effects.
• Permanent Disabilities: If your injury leads to permanent disability, such as paralysis or loss of mobility, your lawyer will fight for compensation that reflects the profound impact this will have on your quality of life.
• Future Medical Treatment: Long-term rehabilitation, surgeries, or assistive devices may be necessary. Your lawyer will ensure that these anticipated costs are factored into your claim.
• Lost Earning Capacity: If your injury impacts your ability to return to work or forces you to take a lower-paying job, you may be entitled to compensation for the difference in your earning capacity.

Wrongful Death Damages

If you’ve lost a loved one in an accident caused by someone else’s negligence, a wrongful death Attorney can help your family recover compensation. While no amount of money can make up for the loss of a loved one, these damages can provide financial stability during an incredibly difficult time. Wrongful death damages may include:

• Funeral and Burial Expenses: The cost of laying your loved one to rest can be substantial. A wrongful death claim can help cover these costs.
• Loss of Financial Support: If the deceased provided income for the household, the surviving family members may be entitled to compensation for the loss of financial support.
• Loss of Companionship: Families can also seek damages for the emotional loss of companionship, guidance, and care the deceased provided.
• Medical Expenses: If your loved one required medical treatment before passing, these costs can be included in the claim.

Negotiating With Insurance Companies

Insurance companies often try to settle claims for far less than they are worth. They may offer a quick settlement that doesn’t account for the full extent of your injuries or future costs. Without legal representation, it’s easy to accept a lowball offer out of desperation or fear that you won’t get a better deal. 

An experienced personal injury lawyer can negotiate with the insurance company on your behalf, pushing for a fair settlement that takes into account your economic and non-economic damages. 

If the insurer refuses to offer a reasonable settlement, our lawyers are not afraid to take your case to court. We have a long history of success in the courtroom and are fully prepared to litigate when necessary.

How a Lawyer Prepares for Trial

When settlement negotiations fail to provide fair compensation, a skilled personal injury lawyer steps into a crucial phase: trial preparation. After filing a personal injury lawsuit, the pre-trial process is meticulous and thorough, covering every detail to present the strongest case possible in court. 

One of the first steps is discovery, where both sides exchange information and evidence. During this phase, lawyers gather medical records, police reports, and other relevant documents.

They also conduct depositions, where witnesses and involved parties are questioned under oath to gather testimony that may be used during trial. In more complex cases, expert witnesses—such as doctors, accident reconstruction specialists, or financial analysts—are brought in to provide professional opinions that strengthen the case. 

Throughout the process, your lawyer develops a comprehensive strategy and prepares evidence, arguments, and potential rebuttals. This preparation ensures that they are fully equipped to counter any defenses the opposing party raises and advocate for full, fair compensation.

Why Trial is Sometimes Necessary

While many personal injury cases are settled out of court, sometimes trial becomes necessary when the defendant or their insurance company refuses to offer a reasonable settlement. Going to court shows the other side that we are serious about fighting for your rights and will not settle for less than you are entitled to. 

For clients nervous about the prospect of litigation, it’s important to know that having a lawyer ready and willing to go to trial can strengthen your negotiating position, as it signals to the insurance company in NY that you are prepared to fight until the end for justice. 

At The Rothenberg Law Firm, our lawyers are fully prepared to take your case to trial if that’s what it takes to get you the compensation you deserve.

How Timing Affects Personal Injury Claims

When it comes to personal injury claims, timing is everything. Each state has a statute of limitations—the legal deadline for filing a claim. For example, in New York, the statute of limitations for most personal injury cases is three years from the date of the injury. In Pennsylvania and New Jersey, the timeframe is two years. Failing to file a lawsuit within these time limits can result in the case being dismissed, leaving victims without the opportunity to recover any damages. 

Beyond the statute of limitations, delaying a claim can weaken your case. Critical evidence may be lost or become harder to obtain as time passes. Witnesses’ memories can fade, physical evidence can deteriorate, and it may become more challenging to prove the full extent of your injuries.

Seeking legal advice as soon as possible allows your lawyer to gather the necessary evidence and build a strong case, ensuring that nothing is missed. At The Rothenberg Law Firm, we work quickly to protect your rights and preserve the evidence you need for a successful claim.

How The Rothenberg Law Firm Can Help: Contact Us for a Free Consultation

At The Rothenberg Law Firm, we understand a personal injury’s devastating impact on your life. Our team is committed to providing compassionate, skilled representation to help you navigate the complexities of the legal system. We’ve spent over 50 years helping clients secure billions of dollars in compensation, and we’re ready to do the same for you. 

Whether your injury occurred in New York City, Brooklyn, Philadelphia, Cherry Hill, Lakewood, Monsey, Hackensack, or elsewhere, our attorneys are here to help. We will guide you through every step of the process, from evaluating your claim to negotiating with insurance companies and fighting for your rights in court. 

If you or a loved one has been injured in an accident, don’t wait to seek legal help. After consulting with an attorney, you can make informed decisions about reporting your accident and pursuing a claim. The Rothenberg Law Firm offers free consultations to help you understand your rights and options. 

Contact us today to learn how we can help you secure the compensation you deserve. Call our main office at 800-624-8888 or contact us online to get started.