What are the Different Types of Personal Injury Claims?
When bringing a personal injury lawsuit against someone who was negligent, a personal injury attorney will try to get the most money for you from three types of compensation: special compensatory, general compensatory and punitive compensatory. Each one gives a hint as to what damages they include. When choosing a personal injury lawyer, it’s not about the advertising; you should choose one based on experience and the number of successful outcomes. After all, you were injured because a product was defective, you were struck by an object or slipped and fell on a slippery surface. Let’s break down these types of compensation.
Common Types of Compensation
1. Special Compensatory. This type of compensation covers the bills incurred because of the injury. An insurance company will try to assign a general amount for your injury. With healthcare costs these days, that’s incredulous. Every person’s injury is different. An adult who suffered a dog bite will have different medical costs than those of a child with the same injury. Or, a person whose car was struck by a bus will have different medical costs than someone whose car was struck by a motorcycle. There is no limit on the amount or type of special damage claim. The damages are:
- Medical bills
- Lost earnings (present & future)
- Future medical treatments
- Household expenditures
- Canceled plans
2. General Compensatory. This damage claim covers all non-medical injuries or harm that was “generally” sustained. You suffered a great deal of pain that did not have to happen. The injury has affected the way you now live your life, such as changes in the way you drive, walk or even play with your children. From the injury, you are expected to have at least one of the damages:
- Pain and suffering
- Mental anguish
- Loss of companionship
3. Punitive Compensatory. The word punitive is indicative of what this type of compensation is for: punishment. The defendant’s behavior was despicable or reprehensible, which caused the injury. Some cases involve aggravated battery, sexual assault or fraud. Or, punitive damages can be brought against a large corporation or product manufacturer. For example, in 2011, Hyundai was ordered to pay $73 million in punitive damages. The families of the victims sued the car maker because of broken steering knuckles, which caused the car crash. It was discovered that Hyundai knew about the problems with the steering knuckles for over a decade and did not take actions to correct them. This type of damage claim is subject to limitations except with medical malpractice cases. The plaintiff’s attorney must prove that the defendant acted with malice. And the punitive damages are awarded directly to the plaintiff.
PA & South Jersey Personal Injury Law
Hiring a personal injury lawyer means that your case will have a successful outcome. The attorney will collect the evidence, especially right after the accident. The collection of damages can be difficult when the defendant doesn’t have the money or refuses to pay. Measures to get the damages can include discovering undisclosed assets, placing liens on the property or garnishing wages. There is also interest that accrues until the damage awards are paid in full. Our legal team has experience with many types of personal injury cases, since each one is different. We make sure there are no surprises during the case and explain each step litigation. Contact us today at (215) 791-8848 if you or a loved one has been injured. We offer a free case evaluation, so you know where you stand against a product manufacturer, corporation or a homeowner. Ask about our 1/3 fee!