11/12/2019

Types of Damages in a Personal Injury Case


In regards to the law, damages are monetary compensation a party receives as a result of a loss or injury that was caused by the wrongful act of another party. There are two main types of damages – compensatory and punitive. To find out what damages you may be entitled to, consult a personal injury lawyer to discuss your case.

Compensatory Damages

The first type of damages is called compensatory. These types of damages usually compensate the injured plaintiff for what was lost due to the accident. Compensatory damages are meant to make the injured "whole" again from a monetary standpoint.

Some compensatory damages are rather straightforward in nature, while others may be more difficult to quantify.

Medical Treatment

If you incurred costs for receiving medical care after your injury, you might be reimbursed for those charges by seeking compensatory damages. Not only could you be refunded for the amount of money you already spent, but you could receive funds for the estimated cost of future medical care as well.

Property Loss

If you lost any property, such as vehicles or clothing, as a result of the injury, you could be entitled to receive money to cover the fair market value of those items.

Loss of Earnings

If your injury resulted in your inability to earn your regular income, you could receive damages. You can also receive money for losing future income. 

Pain and Suffering
You may be entitled to receive damages for the pain and discomfort you experienced as a result of an injury. Talk with your injury lawyer on how you may be able to quantify your distress into a financial settlement.

Emotional Distress

You might be able to receive compensation if your injury caused you to feel fear or anxiety. You could also receive compensation if your injury left you unable to get adequate sleep as a result of the pain.

Loss of Enjoyment

Sometimes a severe injury leaves the plaintiff unable to enjoy daily activities, hobbies, or recreation. If this happened to you, you might be entitled to receive a loss of enjoyment damages.

Loss of Consortium

Sometimes a person's injury affects the rest of the family. If your injury impacted your spouse or child, he or she may be entitled to loss of consortium damages. This payment may go directly to the family member as opposed to the person who was injured. 

Punitive Damages

Punitive damages were created to punish the wrongdoer for poor behavior that resulted in the injury. Punitive damages may arise when a defendant is found guilty of fraudulent behavior. You may also collect punitive damages if you were the victim of aggravated battery or sexual assault. 

Punitive damages not only punish the defendant, but they are also meant to act as a deterrent so that the person won't do the same thing to another victim. 

If you have been injured, talk with a personal injury lawyer to see if you could qualify for compensatory or punitive damages.

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