What Damages Can You Recover in a Personal Injury Case?
Suffering a sudden injury due to another individual’s negligent actions can make you realize how much you have to lose. In the aftermath of a traffic accident, slip-and-fall injury, or medical error, many things in life that you might once have taken for granted can vanish in the blink of an eye. However, as disruptive as these losses can be, it is essential to remember that Oklahoma protects your right to seek compensation after another party causes you harm.
The legal term for the financial award you receive in a personal injury case is damages. A skilled and knowledgeable Oklahoma personal injury attorney from Cain Law can help you seek the following types of personal injury damages. Contact us today to discuss your case in a free initial consultation.
Medical Expenses
The cost of immediate and ongoing medical treatment is among the most overwhelming losses personal injury victims face. However, you should not bear the financial burden of these losses if another person’s behavior was the cause. Filing a personal injury claim may allow you to recover compensation for all injury-related medical expenses, including:
- Ambulance rides
- Emergency medical care
- Diagnostic tests (X-rays, MRIs, CT scans)
- Doctor appointments
- Surgical procedures
- Hospital stays
- Physical therapy
- Rehabilitation costs
- Medication
- Medical equipment
- Long-term care
An experienced personal injury attorney can review your medical bills and estimate your future medical needs to prepare your damage claim.
Lost Income and Work Benefits
Injuries often force victims to take time off work, resulting in lost wages and benefits. In Oklahoma, you have the right to claim compensation for this financial loss.
Recoverable damages may include:
- Missed paychecks
- Lost bonuses or commissions
- Sick leave or vacation time
- Lost contributions to retirement accounts
- Missed opportunities for career advancement
Our experienced personal injury lawyers can help calculate these losses, considering not just your base salary but also overtime, benefits, and potential raises you might have received. Keeping detailed records of your work absences and financial losses will strengthen your claim for these damages.
Reduced Earning Capacity
Many severe injuries result in long-term or permanent disabilities that prevent accident victims from returning to the jobs they previously held. As a result, they are forced to work lower-paying jobs, significantly reducing the amount of money they would otherwise have made over the remainder of their working lives, or the injured person is unable to complete any type of work. Oklahoma law recognizes this injustice, allowing personal injury claimants to recover monetary compensation for this long-term difference in income.
It is worth noting that calculating the value of your reduced earning capacity can be complex. An attorney from our law firm can enlist the services of economic and financial experts who can consider all factors to accurately assess the amount you are eligible to claim.
Property Damage
Many types of personal injury incidents also result in significant property damage. For example, if a traffic accident results in a total write-off of your car, replacing it can cost tens of thousands of dollars. Filing a personal injury lawsuit or claim can allow you to recover compensation for damage to your vehicle and any other items that sustained damage in the accident. These may include:
- Cell phone
- Computer
- Jewelry
- Clothing
- Car seat
Consulting with a knowledgeable Oklahoma personal injury lawyer can help you calculate the total value of your property damage so you can seek fair compensation.
Pain and Suffering
Pain and suffering damages compensate you for the physical discomfort and emotional distress resulting from your injuries. Unlike economic damages such as medical expenses, the experience of pain and suffering is more subjective and can be challenging to quantify. However, these damages are crucial as they acknowledge the profound impact injuries can have on your quality of life.
Factors that may influence pain and suffering damages include:
- Severity and duration of your injuries
- Impact on your daily activities
- Emotional trauma
- Loss of enjoyment of life
If you suffered harm because of injuries sustained in an accident, our personal injury attorneys can assess your case and the damages you can demand.
Mental Anguish
Mental anguish damages compensate for the psychological impact of your injuries. This can include:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances
- Loss of consortium (damage to personal relationships)
These damages recognize that injuries often extend beyond physical pain, affecting your mental health and overall well-being.
To prove mental anguish, you may need to provide evidence such as treatment records from mental health professionals or testimony from family members about changes in your behavior or mood.
Punitive Damages
Punitive damages aren’t meant to compensate you for your losses. Instead, they aim to punish the party that harmed you for particularly egregious conduct and deter similar behavior in the future.
In Oklahoma, punitive damages are available in cases where the defendant has demonstrated a reckless disregard for others’ rights, gross negligence, fraud, malice, or oppression. The state uses a three-category system for punitive damages:
- Category I (Cases Involving the Reckless Disregard of Others’ Rights) – Limited to $100,000 or the amount of actual damages, whichever is greater
- Category II (Cases Involving Intentional Actions and Malice) – Limited to $500,000, twice the amount of actual damages, or the financial benefit derived by the defendant
- Category III (Cases Involving Life-Threatening Malicious Conduct) – No limit if the jury finds clear and convincing evidence
Punitive damages are not awarded in every case and require meeting a higher standard of proof than compensatory damages.
Contact an Experienced Personal Injury Lawyer for a Free Consultation
Many individuals understandably feel overwhelmed after suffering injuries due to someone else’s negligence. As a result, you might not comprehend the total extent of your losses or the personal injury damages you may be entitled to recover. At Cain Law, we have the experience and knowledge to help you secure the compensation you deserve. Our legal team has already recovered over $100 million on behalf of injured Oklahomans and their families, and we are ready to put our skills to work for you. Contact us today for a free legal consultation with a personal injury attorney in Oklahoma.
