Damages Recoverable

Items for which you may receive compensation

Past and future medical bills.  A serious accident due to another person’s negligence may leave you severely injured or even disabled. You would then be entitled to be compensated for current and past medical treatment and services.  In addition, you would then be entitled to compensation for future medical treatment if it can be shown that you will likely require treatment, surgery, or other medical care in the future due to the nature of your injuries.

Past and future lost wages and future loss of earning capacity.  Damages recoverable include money that you would have earned had you not been injured, and may include past, present, and future wages or income.

Past and future pain and suffering.  This includes not only all physical injuries, but emotional and psychological suffering as well. The level of such damages is based on the type of injury you sustained, and your prognosis for the future which takes account of how long the affects of the injury are likely to endure.

Punitive damages recoverable

Punitive damages recoverable do not apply in all cases. In essence, punitive damages are designed as a way to punish the party or parties who were negligent. The intention is to make an example of the negligent party and deter them from engaging in similar conduct in the future.

In order to determine the proper compensation you are due, we first consider the damages you already sustained from the date your accident happened up to the present time. Some examples would be past injuries, past pain and suffering, and past lost wages, among other damages. But it is not enough to simply look back. We also take into consideration what are known as future damages, which consists of damages you will incur into the future throughout your life. For example, you may very well sustain future pain and suffering, future loss of earnings, and future loss of pension benefits, among other future losses. We will present all of your damages to the defendant and jury, to make sure you get compensated for each and every aspect of what you have lost.

We will help you recover compensation for various items of damages such as:

• Disability – Physical and Cognitive
• Earnings Capacity Loss
• Economic Loss
• Emotional Suffering
• Emotional Trauma
• Handicapped Accessible Modifications
• Home Care
• Household Help
• Loss of Enjoyment of Life
• Loss of Parental Guidance
• Lost Wages
• Medical Bills and Expenses
• Monetary Loss
• Money Loss
• Nurse or Aide
• Out of Pocket Expenses
• Pain and Suffering
• Pension Loss
• Property Damage
• Wrongful Death
• All Other Past and Future Damages

Damages recoverable may also include loss of consortium. This may apply if an individual’s marriage has been negatively affected. At Kaplan & Kaplan P.C., our personal injury attorneys work vigorously on behalf of clients who have suffered injuries due to the negligence of others.