Types of Damages in Personal Injury Cases — What You Can Recover

If you’ve been injured by someone else’s negligence, you’re entitled to seek compensation—but what exactly does that include? Here’s a breakdown of the types of damages commonly available in personal injury cases.

Economic Damages

These cover your direct, financial losses—anything you can prove with receipts or records.

Examples include:

  • Medical bills and rehabilitation costs

  • Future medical care or therapy

  • Lost wages and reduced earning capacity

  • Property damage (like vehicle repairs)

  • Out-of-pocket expenses related to your recovery

Non-Economic Damages

Some losses can’t be measured with a bill—but they’re just as real. These include:

  • Pain and suffering

  • Emotional distress or mental anguish

  • Loss of enjoyment of life

  • Scarring or disfigurement

  • Loss of companionship or consortium

Because they’re more subjective, non-economic damages are often the most debated part of a settlement.

Punitive Damages

In rare cases where a defendant acted intentionally or with extreme recklessness, the court may award punitive damages—meant to punish wrongdoing and discourage similar behavior in the future.

Damage Caps and Limitations

Some states limit (or “cap”) non-economic or punitive damages. These laws vary widely, so it’s important to speak with an attorney who knows your state’s rules and how they might apply to your case.

Duty to Mitigate

You’re expected to take reasonable steps to recover from your injuries. If you skip treatment or ignore medical advice, the defense may argue that your damages should be reduced.

What’s Realistic?

Every case is unique. Settlement values depend on your injuries, available evidence, and the strength of your claim. An experienced lawyer can give you a realistic idea of what your case may be worth—and fight for the maximum possible result.

Don’t guess at what your claim is worth.
 Contact Persinger Law Firm for a free consultation to discuss your damages and legal options.

Understanding the Personal Injury Lawsuit Timeline: What to Expect

Many people who’ve been injured wonder the same thing: How long will my case take—and will it go to trial?
 Here’s a look at what typically happens in a personal injury lawsuit from start to finish.

Step 1: Consultation and Case Review

Your attorney reviews what happened, your injuries, and the evidence available. Most personal injury lawyers work on a contingency fee, meaning you pay nothing unless your case succeeds.

Step 2: Investigation and Pre-Filing Work

Your legal team gathers medical records, accident reports, witness statements, and expert opinions. A demand letter may be sent to the insurance company to try for an early settlement.

Step 3: Filing the Lawsuit

If no settlement is reached, your attorney files a formal complaint in court. The defendant then has a set time to respond.

Step 4: Discovery

Both sides exchange evidence through written questions, document requests, and depositions.
 This stage often takes several months—and it’s where cases are built or broken.

Step 5: Pre-Trial and Mediation

Before trial, the court may require mediation—a structured negotiation to see if the case can be resolved without going to court. Many cases settle here.

Step 6: Trial

If no settlement is reached, the case goes before a judge or jury. Both sides present evidence, witnesses, and arguments before a verdict is reached.

Step 7: Appeal (If Necessary)

If one side believes a legal error occurred, they may appeal to a higher court. This can extend the process further.

How Long Does It Take?

  • Simple cases: 6–12 months

  • Moderate cases: 1–2 years

  • Complex or catastrophic injuries: 2+ years

While this timeline can feel long, many cases resolve before trial.

Patience pays off—especially with the right advocate on your side.
 If you’ve been injured, contact Persinger Law Firm for a free consultation. We’ll walk you through every stage of the process and fight for the outcome you deserve.

How Insurance Adjusters Evaluate Your Claim — and What You Should Know

After an accident, you might assume the insurance company will simply “do what’s right.” Unfortunately, it’s rarely that simple. Insurance adjusters evaluate your claim with their company’s interests in mind—not yours. Knowing how they operate can help you protect yourself.

What Adjusters Look At

Insurance adjusters review each claim by assessing:

  • Liability: Who’s at fault, and can it be proven?

     

  • Injury severity: How serious and long-lasting are the injuries?

     

  • Causation: Did the accident directly cause your injuries?

     

  • Damages: How much do medical bills, lost income, and suffering add up to?

     

  • Risk of trial: How likely are you (and your attorney) to take the case to court?

     

Common Tactics Insurance Companies Use

  • Quick, low offers: They may try to settle before you know the full extent of your injuries.

     

  • Delays: Hoping you’ll get frustrated and accept less.

     

  • Recorded statements: Questions can be phrased in ways that hurt your claim later.

     

  • Disputing causation: Suggesting your injuries existed before the accident.

     

  • Downplaying pain: Claiming your injuries were “minor” or “temporary.”

     

How to Protect Yourself

  • Wait until you finish treatment—or know your long-term prognosis—before settling.

     

  • Keep thorough documentation of your medical care and daily impact.

     

  • Be truthful but careful with what you share.

     

  • Let your lawyer handle most communication with insurance companies.

The Bottom Line

Adjusters are professionals trained to save their company money. Having a skilled personal injury attorney on your side levels the playing field and ensures your case is valued fairly.

Before you sign or settle, talk to someone who’s on your side.
Schedule a free consultation with Persinger Law Firm to make sure you’re getting the full compensation you deserve.

Steps to Take Immediately After an Injury (Before Talking to Insurance)

When you’ve been injured, the hours and days that follow are some of the most important for protecting your health and your legal rights. What you do now can make a major difference later—especially when it comes to dealing with insurance companies.

1. Get Medical Attention Right Away

Even if you think you’re “okay,” some injuries don’t show symptoms right away. See a doctor as soon as possible, follow all medical advice, and keep copies of every record, prescription, and receipt. Prompt treatment also helps link your injuries directly to the incident—something insurance companies look closely at.

2. Document the Scene

If it’s safe to do so:

  • Take photos or videos of the scene, vehicles, or hazards.

     

  • Note weather, lighting, and location details.

     

  • Collect names and contact info for any witnesses.

     

These small steps can make a big difference when you’re proving what happened later.

3. Notify the Right People

Report the accident to the property owner, manager, employer, or local authorities—whoever is appropriate for your situation. Stick to the facts, avoid speculation, and don’t admit fault.

4. Be Cautious with Insurance Adjusters

Insurance companies may call quickly after an accident. Remember, their goal is to minimize payouts—not necessarily to help you. Don’t give a recorded statement, sign anything, or accept a settlement before speaking with an attorney.

5. Keep Track of Everything

Save all medical bills, receipts, out-of-pocket expenses, and records of time missed from work. Write down how your injuries impact your daily life—pain, sleep, mobility, or emotional wellbeing. These details help demonstrate the true value of your claim.

6. Call a Personal Injury Attorney Early

The sooner you talk with an experienced lawyer, the better. They can help preserve evidence, deal with insurers, and ensure nothing jeopardizes your potential claim.

If you’ve been injured, don’t go it alone.

Contact Persinger Law Firm for a free consultation. We’ll review your situation, protect your rights, and help you move forward with confidence.

Coal Miner Injury Claims in Logan and Mingo County: What You Need to Know

Coal mining is central to the economies of Logan and Mingo Counties—but it remains one of the most dangerous jobs in the country.

Common Coal Mining Injuries:

  • Crush injuries from cave-ins or equipment
  • Lung disease from coal dust exposure
  • Burns or explosions from gas buildup

What You Can Do:

  • File a workers’ comp claim
  • Seek third-party claims if equipment was defective
  • Pursue long-term medical benefits for permanent damage

Persinger & Persinger represents injured coal miners in southern WV and helps ensure they get full access to compensation—not just what the company wants to pay.

Note: This content is for informational purposes only and does not constitute legal advice.

Industrial Accidents in McDowell and Wyoming County: Who’s Liable?

Heavy industry in McDowell and Wyoming Counties creates jobs—but also serious risk. When accidents happen, liability can go beyond workers’ comp.

Common Scenarios:

  • Equipment failure
  • Chemical exposure
  • Falls from heights or scaffolding

When Third-Party Liability Applies:
 If a contractor, equipment manufacturer, or site owner contributed to your injury, you may be able to file a separate personal injury claim.

Persinger & Persinger investigates industrial accidents to uncover every avenue for compensation beyond what your employer may offer.

Note: This content is for informational purposes only and does not constitute legal advice.