Personal Injury Lawyer Lists the Types of Damages Available in a Case
Clint, 35, fractured his right leg and also suffered injuries on his hand and head when a car, coming the wrong way on the highway, hit his bike. He was out of work for three months and had to pay for his medical expenses on his own. If only he had known about personal injury claim and consulted an attorney.
Being aware of personal injury claims can help the claimant seek financial compensation or bring the perpetrator to book. If adversity strikes in the form of injuries resulting from another’s’ negligence, you will know that there is a support at hand. Thus, it helps to know about the different damages that are available in a personal injury lawsuit.
Types Of Damages:
In case of an accident injury, there are mainly two types of damages, compensatory and punitive damages. It is the compensatory damages that are generally more availed by claimants.
Compensatory Damages: It is paying the injured person a sum that has been calculated to cover the expenses he or she has incurred in the course of the injury. Note that it is not just the physical injury that is taken into account but even mental agony. Do check in detail with your personal injury lawyer before you file your claim.
There are two sub-categories under compensatory damages and they are:
As the term suggests, it includes compensation for the monetary losses endured by the injured. These include the following:
Medical bills: One of the main expenses that the injured has to incur is the medical bills and it can be huge. Personal injury damages include all kinds of medical expenses such as medication, surgery, hospital admission charges and any and all expenses that are included in getting the most suitable treatment for recovering from the injury.
Damages to property: If your property has been damaged due to an accident, then you are liable to get full compensation for it. The value of the property is estimated and you will be eligible for a sum that will help you cover the losses.
Lost wages: It includes the earnings you could have had if not for the injury. You should submit proof that shows the number of days you have missed work, the wages of the period and then submit your claim for compensation.
Inability to earn in the future: In cases of permanent personal injuries, your attorney will present your wage loss in future by taking into account all the years you could have worked if there was no accident and the money lost in the process.
Post-medical care and rehabilitation: The compensation amount will also include the expenses for medical care after hospitalization. These include any rehabilitation procedures that might be required for you to be on your feet again.
In personal injury cases, there are also many other losses that are intangible such as pain, mental agony, loss of household services, losing the ability to enjoy life, any small or major disfigurement, humiliation, psychological distress, etc.
As opposed to economic damages, non-economic damages cannot be measured or calculated directly. So, different formulae are applied which also takes into account the extent of economic losses.
There is a cap on noneconomic damages but not on economic damages.
Also known as ‘punitives’, this type of damage is mainly to punish the party that caused the injury. Different states will have a different way of handling punitive damages. Also, it is not recoverable in all cases. It has to be proved that the injury was caused by negligence, reckless action, or intentional behavior on the part of the wrongdoer.
Though punitive damages are paid only in a few cases, it is meant to act as a punishment for the wrongdoer and also as a deterrent to others as well.
You will need all the evidence and documents to prove that you are eligible for the damages. A personal injury attorney can help you speed up the process and make it convenient for you. They will also help you get the best compensation.