When people get hurt because of another person’s carelessness, they usually recover their losses through a personal injury lawsuit. Such lawsuits try to put the injured party in the same situation they were in prior to the accident. The money awarded in such situations is called “damages.” Knowing the common types of damages that can be recovered through a claim is important for anyone thinking about filing a personal injury claim.
Types of Damages in Personal Injury Lawsuits
Damages in a personal injury case usually belong to two broad categories: compensatory damages and punitive damages. Compensatory damages are further classified into economic and non-economic damages. Both types have a specific purpose and are determined on the basis of several factors, such as the extent of the injury, monetary losses, and long-term effect on the life of the individual.
Compensatory Damages: Economic and Non-Economic
Economic Damages
Economic damages are concrete, out-of-pocket losses that the damaged party experiences as a direct consequence of the accident. They may consist of:
- Medical expenses (past and future medical care)
- Lost income
- Loss of earning capacity
- Damage to property
These damages are generally easy to quantify with documentation like receipts, pay stubs, and invoices.
Non-Economic Damages
Non-economic damages are more abstract and cover the emotional and psychological impact of an injury. They include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or consortium
Since these damages are intangible, they are usually harder to measure and can necessitate expert testimony from medical professionals or mental health professionals.
Special Damages and General Damages
Compensatory damages are also sometimes divided further into special and general damages. Special damages pay for actual monetary losses and are in close proximity to economic damages. They include expenses such as medical bills, therapy fees, and transportation to and from treatment. For more information, you may see this outline on special damages.
General damages, however, compensate for losses that don’t have a specific dollar value, like emotional trauma and physical pain.
Common Categories of Damages
In almost all personal injury cases, the common categories of damages awarded will be within the above categories. Although the exact amounts may differ depending on the type of incident and jurisdiction, courts often consider these categories:
- Immediate and future medical care
- Rehabilitation and therapy services
- Lost income due to loss of ability to work
- Long-term impairment and disability
- Psychological trauma
- Loss or damage to property
Understanding such damages can assist harmed parties in a better documentation of losses and collaboration with legal advisors to establish a more substantial claim.
Punitive Damages: When Are They Awarded?
Unlike compensatory damages, punitive damages are not intended to compensate the victim. Rather, they are intended to punish the defendant for exceptionally reckless or egregious conduct and to deter such conduct in the future. Courts are usually reluctant to grant punitive damages, reserving them for cases of willful misconduct or gross negligence.
How Damages Are Determined
Assessing the amount of damages in a personal injury case requires careful consideration of numerous factors. They include the seriousness of the injury, the credibility of witnesses, the quality of medical evidence, and the effects on the lifestyle and earning capacity of the plaintiff. Legal practitioners frequently employ formulas, precedents in cases, and expert testimony to determine a reasonable amount for damages.
The American Bar Association offers informative details regarding the place damages occupy in personal injury cases. Also, the U.S. Courts provide general information regarding civil proceedings involving such a claim.
Final Thoughts
Although each individual injury case differs, knowing the general categories of damages that may be recovered helps individuals navigate through the legal system. Whether it is a slight injury or an injury that is life-altering, seeking appropriate compensation is an inalienable right that aids victims in getting over their ordeal financially and psychologically.
