Types of Damages in Oklahoma Elevator Accident Injury Claims
When pursuing a personal injury claim in Oklahoma, elevator accident victims can typically seek two main types of damages: economic damages and non-economic damages. Additionally, in some cases, punitive damages may apply. Below is an in-depth look at each category.
1. Medical Expenses
Medical costs often form the foundation of compensation in personal injury claims. If you’ve been injured in an elevator accident, you may experience various medical expenses, including:
- Emergency medical care: This includes ambulance rides, emergency room visits, and immediate treatments needed after the accident.
- Hospital stays and surgeries: Serious injuries may require extended hospitalizations or surgical procedures.
- Rehabilitation and physical therapy: Recovery often involves ongoing care, especially for injuries like fractures, spinal damage, or head trauma.
- Prescription medications: Pain management and treatment for long-term conditions caused by the accident may require specific medications.
- Future medical expenses: If your injuries require long-term treatment or future surgeries, these projected costs can also be included.
Oklahoma allows victims to recover both past and future medical expenses directly related to their injury, ensuring that the financial burden of health care doesn’t fall on the victim.
2. Lost Wages and Loss of Earning Capacity
An elevator accident may prevent you from working temporarily or, in severe cases, permanently. Oklahoma law allows for compensation under two distinct categories in this regard:
- Lost wages: If your injuries caused you to miss work, you could recover income lost during your recovery period.
- Loss of earning capacity: For injuries resulting in permanent disability or reduced ability to work at full capacity, you may claim damages for future lost earnings.
For example, if the accident led to long-term mobility issues that make it difficult to return to your previous job, you could be compensated for the financial impact on your career.
3. Pain and Suffering
Pain and suffering refers to the physical and emotional toll that an injury can take. While the financial value of this damage can be more challenging to quantify, it remains highly significant. It addresses:
- Physical pain: Severe injuries, such as fractures, burns, or spinal cord damage, can lead to prolonged or chronic pain.
- Mental anguish: Accident victims might experience emotional distress, anxiety, depression, or PTSD (post-traumatic stress disorder) due to their ordeal.
- Loss of enjoyment of life: If your injury limits your ability to engage in activities you once enjoyed, you may be entitled to compensation.
Unlike economic damages, non-economic damages like pain and suffering require less tangible evidence. However, detailed testimony, documented suffering, and input from medical experts can strengthen your claim.
4. Punitive Damages
Punitive damages, also known as exemplary damages, are not awarded in every case. The purpose of punitive damages is not to compensate victims but to penalize the defendant for particularly negligent or reckless behavior and to deter such conduct in the future.
For example, if an elevator company knowingly ignored critical safety issues or engaged in gross negligence, you may be eligible for punitive damages. These are awarded at the court’s discretion and require sufficient proof of reckless actions.
5. Other Potential Damages
While medical expenses, lost wages, and emotional suffering make up the bulk of most claims, there are a few additional types of damages that can also be pursued depending on the specifics of your case:
- Property damage: If personal belongings, such as a phone or purse, were damaged in the accident, you may be compensated for their value.
- Wrongful death damages (for surviving family members): If an elevator accident tragically resulted in the loss of a loved one, their family could pursue damages for funeral expenses, loss of companionship, and more.