Are My Injuries Worth Suing For?

Insights Workers’ Comp. Oct. 7 4 min read

Personal injury suits almost always involve a case of negligence or abuse by the defendant. In such instances, a plaintiff must prove to the court that the defendant had cause to start an event that resulted in physical, financial, or mental damages. Personal injury suits involve bodily harm and can take place for a variety of different injuries, including:

Brain Injury
Organ Failure
Disease/Cancer
Electrocution
Spinal Injury
Broken or Fractured Bones
Scarring
Paralysis
Impairment

So which injuries are easiest to prove in a court of law, and which injuries are actually worth suing over? Let’s first go over some more facts about personal injury suits.

The Correlation Between Damages and Injuries

In order to address the full extent of damages available to the plaintiff, their attorney will present expert testimony to discuss the seriousness of their injuries. This may include physical evidence such as medical bills, doctor testimony, etc., but can also involve less obvious trauma caused by the accident, such as emotional suffering or mental anguish.

The main types of damages that will affect how much your personal injury claim is worth include the following:

Economic Damages

Economic damages cover the actual cost of the damages you’ve experienced as a result of your injury. This includes past and future medical bills, lost work wages, and other related economic losses.

Non-Economic Damages

These damages include losses that are non-tangible and, thus, do not have a direct price. This can consist of losses such as physical or emotional pain and suffering, loss of companionship, impairment, disfigurement, loss of enjoyment of life, and the inability to maintain an intimate relationship.

Exemplary/Punitive Damages

In rare instances, these types of damages are issued as a punishment for the defendant. In particular, they are more likely to be awarded if the defendant has conducted themselves in a malicious, fraudulent, or grossly negligent way.

Which Injuries Are Worth Suing Someone Over?

There are numerous reasons to sue someone, but typically, it’s because someone has unjustly dealt with you after a personal injury. Perhaps they refused to pay for the damages they caused you. Or maybe they caused injury to you due to their gross negligence. Whatever the case, here are a few of the top reasons worth pursuing legal action.

Professional Malpractice

Malpractice can occur in a variety of different professions. While medical malpractice is the most common cause of a malpractice suit, other professions, such as lawyers and accountants, can also be responsible for financial malpractice. Malpractice, especially in the medical field, can result in injury, emotional distress, and even death.

Personal Injury

Personal injury suits happen when bodily harm occurs as a result of negligence or intentional harm. This results in financial and emotional damages that are eligible for monetary compensation. Forms of bodily injury include:

Workplace accidents
Slip and fall accidents
Nursing home abuse
Car, motorcycle, bus, or trucking accidents
Dog bite injuries
Bicycle accidents
Pedestrian accidents
Construction site injuries
Spinal cord, brain, and burn injuries

Product Liability

This occurs when a product’s defectiveness causes injury. Product liability rules dictate who is responsible for a product’s failure, especially when injury results.

Discrimination and Harassment

Discrimination and harassment suits are based on another person’s discrimination based on their gender, age, race, sex, or disabilities. This typically occurs in a workplace environment where any act of discrimination or harassment can make a person eligible for a suit. Sexual harassment can also involve physical and emotional abuse, opening the door for the victim to sue for further damages.

Conclusion

Whether or not an accident is eligible for suit depends primarily on the amount of physical and emotional damages the incident caused. The greater the financial damages, the easier it usually is to win the case.

Additionally, it’s essential to ensure you have enough physical evidence to prove any non-physical damages caused a significant impact on the quality of your daily life. While non-economic damages can be harder to prove, they can still improve the total financial compensation you receive from any case.

Regardless, consulting with a personal injury attorney ensures you have proper grounds to file suit over and maximizes any potential settlement you may receive, so do not hesitate to speak with a legal professional about the strength of your case.

What's your case worth?