Personal injury can greatly impact your life. Depending on severity, you may need immediate medical attention, time away from work, continued specialized home care, etc. Unfortunately, some injuries never go away completely and permanently alter your life, dictating what you can and can’t do.
That said, if you’re hurt in an accident resulting from someone else’s negligence, recklessness or wrongdoing, the law allows you to file a lawsuit against the liable person to seek compensation. You may either get the case determined in court or opt for an out-of-court settlement and accept what the defendant or their insurer offers you.
Either way, it’s crucial that you understand damages in a personal injury lawsuit to know what to demand and how.
What Are the Types of Damages in a Personal Injury Lawsuit?
Economic Damages
Economic damages refer to the actual, measurable financial losses a victim incurs and is set to incur due to their injuries. They include all money lost directly or indirectly from the injuries, with compensation in this case aiming to restore the injured party to their original financial situation. Economic damages, also called special damages, are part of every personal injury lawsuit and are the easiest to calculate and prove.
That said, these damages typically include:
- Medical expenses (past and future)
- Lost wages (from the time of the injury to the estimated recovery time)
- Loss of earning capacity
- Property damage or loss of use of property
- Repair or replacement expenses
- Loss of employment or business opportunities
- Rehabilitation costs
- Other out-of-pocket expenses like transportation to medical facility
Non-economic Damages
Non-economic damages, or general damages, cover the intangible losses you have incurred from your injuries. Unlike economic damages, there’s no standard way of calculating these as they’re intangible. Plus, there’s usually a limit on how much you can claim in non-economic damages. In most cases, judges use their knowledge, experience, and past cases of a similar nature to come up with a fair compensation.
Usually, non-economic damages may include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship with loved ones
- Humiliation
Compensatory Damages
Compensatory damages are meant to reimburse victims for losses experienced as a result of injuries sustained from someone else’s negligence. This broad category is the most common type of personal injury damages and typically includes both economic and non-economic damages.
Punitive Damages
In addition to compensatory damages, a jury or judge may order the defendant to pay punitive damages if they find that the defendant was grossly negligent or intentional in their conduct. In this case, damages are not to compensate the victim but to punish the defendant and deter them from repeating the same.
Wrongful Death Damages
If your loved one passes away due to the negligent actions of another, as a family member, you can demand compensation for wrongful death. In this situation, damages can include medical costs, funeral expenses, lost companionship, lost wages and pension, loss of inheritance, loss of parental guidance, and mental anguish.
You Need a Personal Injury Lawyer to Claim Your Rightful Damages
At present, no law can prohibit you from going about your personal injury claim on your own, but it may actually turn out to be a terrible idea. Personal injury law can be super complicated, and you may struggle with your case.
Also, expect the liable party to come prepared to fight you. So, if you don’t have the proper case guidance, there’s a high chance you might not be able to prove your case.
A personal injury attorney gives you the best shot at receiving maximum compensation for your injuries and will:
- Evaluate your situation to determine whether you have a case.
- Look for evidence and build a strong lawsuit for you.
- Calculate and estimate how much in damages you can claim.
- Fight for you in court or on the negotiation table to ensure you get what you rightfully deserve.
Don’t Let Someone Get Away with Negligence- Get a Lawyer to Fight for Your Personal Injury Damages
Unfortunately, injuries resulting from negligence or misconduct occur much more than they should. Even worse, a lot of people get away with being negligent and causing others harm. If you or your loved one was injured because of someone’s recklessness, get an attorney and file a lawsuit to get the damages you are owed.
