Various injuries can result from an accident where you’ve been harmed. Even minimal physical harm can require a trip to the emergency room or an appointment with a family doctor. The at-fault party should compensate the victim for costs incurred after the accident and subsequent losses suffered.
You have two options to pursue compensation for your losses: an insurance claim or a lawsuit. The circumstances of the incident will determine which would be the better option. Many people can settle their case out of court with the insurance company. Others need to file a lawsuit for a judge to determine who should be held liable.
Whether you file an insurance claim or lawsuit, the losses for which you can seek compensation might include:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Mental anguish
- Loss of consortium
- Physical impairment or disfigurement
- Pain and suffering
- Loss of household services
In a lawsuit, you might also be entitled to exemplary damages. This is a form of punishment against the defendant instead of compensation for the injured party. State law requires clear and convincing evidence of the defendant’s malice, fraud, or gross negligence for a jury to award these damages to the plaintiff.




