What can I be compensated for in a farm accident?

If your accident was caused by your employer or a coworker, then you are limited to the benefits awarded by workers’ compensation. If your accident was caused by a third party’s negligence, you are entitled to be fully compensated for your injuries. In legal language, you are entitled to “be made whole,” meaning to be put back in the same position after the settlement as you were in immediately before the accident. Part of the process of making you “whole” is easily calculated and agreed upon by both parties, while other aspects are more difficult. Compensation for your injuries depends on several factors, including physical and emotional pain and suffering, economic hardship or financial loss, decreased earning potential and physical impairment. Depending on the type and extent of your personal injuries, you may be eligible for compensatory damages, which may include the following:

  • Property damage
  • Medical bills
  • Lost wages, including overtime
  • Out of pocket expenses (transportation charges, etc.)
  • Pain and suffering
  • Physical disability
  • Disfigurement
  • Permanent scars
  • Emotional trauma
  • Mental anguish
  • Loss of enjoyment
  • Loss of love and affection
  • Embarrassment
  • Mental disability

There is usually little argument over the compensation for time missed from work and lost wages, doctor and hospital bills, rehabilitation costs, transportation to and from the doctor and therapists. The controversy arises when you attempt to put a dollar value on the more intangible injuries you have suffered, such as loss of consortium (the loss of love or affection), loss of sexual capacity or desire, emotional distress, pain and suffering, loss of future earnings and loss of future enjoyment of life.

Estimating and demanding an acceptable amount for your pain and suffering requires experience with many similar cases, as pain and suffering awards are necessarily subjective. The personal injury attorneys at Demas Law Group, P.C., have the knowledge and experience to ensure you will be fairly compensated for your injuries, including your pain and suffering.