As soon as possible after an accident, you should start thinking about what to include in a personal injury claim so that you can be compensated for all your damages and not be left paying bills that should be covered by insurance. 

Many injury victims are shocked to learn that some things can’t be included in a personal injury claim. This is either because they are not covered by the law or because they do not fall into the category of damages. 

An experienced attorney from Craig Swapp & Associates can advise you about what to include and help you collect any money due to you as seamlessly and as soon as possible.

Jail Time and Other Criminal Penalties

Criminal and civil cases are separate areas of law, and the two are not tried in the same way. This means that you cannot use a personal injury lawsuit to punish someone for what they have done.

While punitive damages are recoverable in a personal injury claim, criminal penalties like jail time, probation, and similar penalties are reserved for criminal charges only. In some cases, if the person who injured you also broke the law, they may also be facing a criminal trial, but this is a separate process from your personal injury claim. 

Punitive damages are awarded in cases of willful and wanton misconduct, which is conduct that is so reckless that it goes beyond negligence and into malice. Punitive damages are meant as punishment for the defendant, not compensation for the plaintiff’s injuries.

Future Medical Expenses Unrelated to the Accident

Each situation is different, but in some cases, you may be expected by the insurance company to pay for future medical bills out of your own pocket. While it seems unfair to limit the damages related to your injury, this is sometimes done for several reasons:

  • The insurance company will argue that your future illness is unrelated to your accident
  • It’s impossible to know how much money you’ll need in the future because you might get better
  • Your injuries aren’t severe enough to warrant future medical expense coverage

Unfortunately, these reasons are sometimes used to justify unfair compensation practices. Speak with a lawyer immediately if you think the insurance company is wrongfully denying you compensation for future medical bills. We will check if your claim is valid based on the facts of your case and help you seek the funds you’re due.

Future Lost Income If You’re Able to Work

You may be denied lost future income in a personal injury lawsuit if your losses are not related to the accident itself. For example, if you’re injured in a car accident and can no longer work long hours for your employer, you may ask for compensation for lost wages but be denied.

When you’re denied the damages you’re due, it can leave you paying out of pocket unfairly for your recovery. Your lawyer can help you provide a fair estimate of your damages and prove you’re due the damages you’re entitled to.

Not Sure What to Include? Contact a Lawyer

Injury claims are limited by the type of damages that can be recovered, so you’ll need to make sure your claim is strong before filing. 

If you have any questions about what can or can’t be included in your personal injury claim, please contact Craig Swapp & Associates at 1-800-404-9000 or fill out our online form to set up a free consultation. We’re ready to help you recover. 

Written By: Ryan Swapp     Legal Review By: Craig Swapp