Most injured victims who have a personal injury claim understand that medical bills are typically the first element of a claim, but the truth is that there are also several other issues that can be part of a whole damages claim submission. Details of the case matter significantly, and especially when serious injury and property damage are involved. Insurance company claims adjusters in Tennessee will mention these standard elements when evaluating an obvious liability case, but many times they will not want to discuss the general damages that may also be available that typically makes the injured claimant financially whole after the fact.
Special damages are the elements of a personal injury claim that can be stated in discreet dollar amounts. In addition to medical bills, physical damage to a vehicle and compensation for lost earnings can be claimed when they apply. Associated expenses for traveling to make medical appointments can also be included in the special damage group.
General damage claims following a personal injury are how most injured claimants are made financially whole. They are non-economic compensatory financial damages for pain and suffering and mental anguish for dealing with the injury in the long term. This element can also be impacted by the permanency of the injury, potential disability, and the need for ongoing healthcare in very serious injury cases. Tennessee personal injury lawyers typically focus on general damages as the true financial compensation award.
Personal injury claims that also include evidence of gross negligence are commonly taken to trial for a punitive damage award. This can only be determined by a jury that finds gross negligence regarding the causation of a serious accident. Punitive damages can be pursued in all types of personal injury cases when the respondent has shown a blatant disregard for reasonable duty of care for the other involved parties.
One aspect that is true of most personal injury cases in Tennessee is that they are all unique to some degree. Damages are generally be based on actual material case facts that apply to allowable claim elements.