You’ve been hurt in an accident and you’ve filed a lawsuit. You’ve succeeded in showing that the defendant’s conduct fell below the expected standard of care, and you’ve also met the dual requirements of actual cause and proximate cause. But you’re still not home. To recover monetary compensation, you still need to show that you sustained actual losses because of the wrongful acts of the defendant.
What is Actual Injury?
You may be saying, “hey, wait a minute, I showed that the defendant engaged in wrongful conduct and I showed that it caused damage to something I own or caused me injury. What more do I need to show?” In determining whether you have a right to damages, the court will want to ask a few questions:
- Did you actually incur any out-of-pocket expenses, or was everything paid for by insurance companies?—You can’t file a claim for lost wages if you received full reimbursement or payment of wages. You can’t seek damages for medical expenses that were either paid by the insurance company or reimbursed to you. If your insurance company covers all your out-of-pocket expenses, they may have a claim against the defendant for those costs, but you don’t—you can’t recover twice for the same loss.
- Did you suffer pain or physical discomfort?—These types of injuries are not normally covered by insurance, so here’s a place where you may actually be entitled to damages.
- Did you have to stop doing things you love?—Did you play tennis or golf before the accident, but can’t now because of the pain? Was there any other activity you had to give up because of the accident?
- Have you lost the ability to be intimate with a spouse or partner, or to enjoy the companionship of family members?
To schedule a private meeting with an experienced personal injury attorney, call our foreclosure hotline at 855-289-1660 or e-mail us. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.