What Are The Damages I Can Recover In A Personal Injury Case?

When you suffer an injury due to someone else’s negligence, you’re entitled to compensation for the harm caused. The range of damages you may recover in a personal injury case depends on the unique circumstances of your situation, such as the severity of the injury, the type of accident, and the insurance policy limits of the responsible party.

Economic Damages

The damages that are easily quantifiable, such as doctor’s bills, lost wages, and property damage, are called economic damages.

Medical Expenses

An injury can result in medical bills that pile up quickly— from ambulance rides to emergency treatment, hospitalization, surgery, and rehabilitation. In a personal injury case, you can seek compensation for economic damages such as medical bills, both past and future.

Lost Income and Earning Capacity

You can also recover compensation for lost income and earnings capacity caused by your injury. This may include wages or salary, commission, bonuses, and benefits. If your injury prevents you from returning to work or reduces your ability to earn your pre-accident wages, you will be compensated for the future economic damage.

Property Damage

If any property, such as a vehicle, was damaged in an accident, you can recover compensation for the repair or replacement expenses.

Non-Economic Damages

Non-economic damages are much harder to quantify in dollars. They include mental anguish, emotional distress, pain and suffering, and loss of enjoyment of life.

Pain and Suffering

Pain and suffering damages compensate you for physical pain, discomfort, and suffering that resulted from the accident. Pain and suffering damages can be compensated for both past and future loss.

Emotional Distress

Emotional distress compensates you for psychological injuries, such as anxiety, fear, depression, and PTSD, resulting from the accident

Loss of Enjoyment of Life

If your injury prevents you from participating in hobbies or other enjoyments you once had, you may be compensated for the loss of enjoyment of life.

Loss of Consortium

A spouse of an injured person may be entitled to compensation for a loss of consortium, which is the loss of companionship, support, and intimacy caused by the injury.

Punitive Damages

Punitive damages are only awarded in exceptional cases and are intended to truly punish the wrongdoer. These damages are not considered compensation for damages suffered by the victim. Instead, they are mechanisms to punish the defendant and prevent any similar wrongful behavior from occurring in the future.

Intentional Misconduct

Punitive damages are awarded when the actions of the defendant were intentional or grossly negligent. The highly exceptional circumstances must be proved to receive the damages.

Drunk Driving

A common example of intentional misconduct is driving under the influence of drugs or alcohol. If the defendant caused an accident and they were under the influence of drugs or alcohol at the time, the plaintiff may seek punitive damages.

Conclusion

Personal injury cases seek to make the defendant financially responsible for the harm they caused. These cases are about compensating the victim or the victim’s family members for their losses, both economic and non-economic. The damages awarded in the case can never be a complete compensation for the harm caused, but it can provide some degree of closure, financial support, and acknowledgment of the wrong that was done.

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