What Is a Personal Injury Claim?

A personal injury claim is a legal process in which an individual who has been injured or harmed seeks compensation from the at-fault party. This is typically done through the assistance of an attorney who specializes in personal injury law. The goal of a personal injury claim is to hold the negligent party responsible for their actions and to obtain compensation for the victim’s losses.

Types of Damages in a Personal Injury Claim

If you have been injured in Utah due to someone else’s negligence, you may be entitled to compensation for your damages. Damages are the losses that you have suffered as a result of the accident or injury. The following are some of the types of damages you can seek in a personal injury claim:

Economic Damages

Economic damages are the tangible financial losses that result from the accident or injury. These damages have a specific dollar amount and can be easily calculated. Economic damages can include:

Medical expenses

Medical expenses include the cost of doctor visits, hospital stays, surgeries, medications, and any other medical treatment related to your injury. You can seek compensation for all of the medical costs associated with your injury, including future medical expenses if you require ongoing treatment.

Lost wages

If you were unable to work due to your injury, you can seek compensation for the wages you lost during your recovery. This includes any lost bonuses or overtime pay.

Property damage

You can also seek compensation for any property damage that occurred as a result of the accident. This includes damage to your vehicle, your home, or any other property that was damaged in the accident.

Non-Economic Damages

Non-economic damages are the intangible losses that result from the accident or injury. These damages do not have a specific dollar amount and are more difficult to calculate. Non-economic damages can include:

Pain and suffering

Pain and suffering refers to the physical and emotional pain that you have experienced as a result of your injury. This includes chronic pain, anxiety, depression, and any other emotional distress that you have suffered.

Loss of enjoyment of life

If your injury has limited your ability to participate in your usual activities, you can seek compensation for the loss of enjoyment of life. This includes hobbies, sports, and other recreational activities.

Loss of consortium

Loss of consortium refers to the impact that your injury has had on your relationships with your spouse or partner. This includes the loss of companionship, affection, and sexual intimacy.

Punitive Damages

In certain cases, you may be able to seek punitive damages in addition to economic and non-economic damages. Punitive damages are meant to punish the at-fault party for their reckless or malicious behavior. These damages are typically only awarded in cases where the at-fault party’s actions were particularly egregious.

How Are Damages Calculated?

The amount of damages you can seek in a personal injury claim depends on several factors, including the severity of your injury and the impact it has had on your life. To determine the amount of damages you are entitled to, your attorney will consider:

  • The cost of your medical treatment
  • The extent of your injuries
  • The impact of your injuries on your ability to work and to enjoy life
  • The at-fault party’s level of negligence
  • Any previous settlements or judgments in similar cases

Once these factors have been considered, your attorney will work to negotiate a fair settlement with the at-fault party’s insurance company or legal team. If a settlement cannot be reached, your case may go to trial, where a judge or jury will determine the amount of compensation you are entitled to receive.

Conclusion

If you have been injured in Utah due to someone else’s negligence, it is important to understand the types of damages you are entitled to seek in a personal injury claim. Working with an experienced personal injury attorney can help ensure that you receive fair compensation for your losses. Whether you are seeking economic damages, non-economic damages, or punitive damages, your attorney will work to build a strong case and advocate for your rights.

Scroll to Top