Are there limits on what expenses I can claim as damages in a personal injury case?
- Preliminary Matters
- What to do at the scene of an accident?
- What to do after an accident?
- Should I contact police after a car accident?
- How long do I have to report a car accident?
- Should I go to the doctors after a car accident?
- What is a personal injury claim?
- What is liability?
- What do I have to prove to establish negligence?
- The insurance company asked me to sign a records release form. Should I sign it?
- What factors will the insurance company consider when evaluating my claim and formulating an offer?
- How long will my personal injury case take?
- Value of Your Case
- How much is a personal injury case worth?
- I have been in an accident but is it worth pursuing?
- How the lawyer evaluates your case?
- What are factors that insurance companies consider while evaluating injury claims?
- How do you determine the value of my claim?
- What damages am I entitled to recover?
- Are there limits on what expenses I can claim as damages in a personal injury case?
- You and Your injury Lawyer
- Do I need a personal injury lawyer?
- Why is it important to talk to a lawyer after an accident?
- When should I contact a lawyer?
- I don’t want to go to court; can a lawyer still help me?
- What kind of accidents do our lawyers handle?
- Is my case big enough for a lawyer to handle?
- Will I have to pay a fee for my lawyer to handle my case?
- How much does a personal injury lawsuit cost?
- How can I help my lawyer to achieve the best outcome in my case?
- What should I bring when meeting with my lawyer for the first time?
- How much contact will I have with my injury lawyer?
- Settlement and Litigation
- How much time do I have to file a personal injury lawsuit?
- How is a personal injury case initiated?
- What happens after a lawsuit is filed?
- What are the different stages of a personal injury case?
- What defences might I have to overcome to win my case?
- What is an examination for discovery?
- What questions will be asked during my examination for discovery?
- What are the elements of a negligence case?
- What is assumption of risk?
- What is a mediation?
Most personal injury lawyers will tell you that almost everything can be considered damages in a personal injury case, so long as you would not have incurred that expense without the personal injury. However, there are some limits on what you can recover in damages. For example:
If a friend drives you to a doctor’s appointment in your car, you may be entitled to reasonable mileage expenses since it is your car and theoretically filled with gas you paid for. However, if your friend drives you in his car with his gas, then your friend is not entitled to recover any mileage expenses, nor are you allowed to recover on his behalf any mileage expenses.
Another limitation on damages is what is “reasonable and necessary.” For instance, if your physician allows you to return to work after two weeks, but you still feel poorly and you stay home an additional two weeks, you may not be able to recover lost wages for the additional two weeks since your physician deemed you physically able to return to your job after only two weeks. Using the same transportation example from above, we can conclude that it may be reasonable to take an Uber or a short cab ride to a doctor’s visit and have that expense covered. However, if you use a luxury rental service or choose to see a general physician several hours away when you have other equally capable doctors nearby, you may only receive compensation that is reasonable and not the full value of your travel expenses.
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