When someone is injured because of someone else’s negligence or intentional harm, they may have a personal injury claim. A personal injury claim seeks to compensate the injured person for the losses they have suffered. These losses are referred to as damages.
Determining the amount of damages in a personal injury case can be complicated. There are many factors that can impact the amount of damages the injured person may be entitled to receive. In this article, we’ll explore the different types of damages that may be available in personal injury cases and how they are calculated.
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Types of damages in a personal injury case
There are several types of damages that may be available in a personal injury case. Here are a few of the most common types of damages:
Economic damages
Economic damages, also known as special damages, are damages that have a specific monetary value. Economic damages include things like medical bills, lost wages, property damage, and other out-of-pocket expenses that the injured person has incurred as a result of the injury.
Calculating economic damages is relatively straightforward. The plaintiff’s lawyer will gather receipts and invoices for all of the expenses the injured person has incurred and use them to calculate the total amount of economic damages.
Non-economic damages
Non-economic damages, also known as general damages, are damages that don’t have a specific monetary value. Non-economic damages include things like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Calculating non-economic damages is more challenging than calculating economic damages because there is no objective measure of these losses. Instead, the plaintiff’s lawyer will need to use a variety of factors to determine the appropriate amount of non-economic damages. For example, the lawyer may consider the injured person’s age, the severity of the injury, and the impact the injury has had on the injured person’s life.
Punitive damages
Punitive damages are damages that are intended to punish the defendant for their behavior. Punitive damages are often awarded in cases where the defendant acted with extreme recklessness or intentional harm. Punitive damages are intended to discourage the defendant (and others) from engaging in similar behavior in the future.
Punitive damages are generally only awarded in cases where the defendant’s behavior was particularly egregious. In most personal injury cases, punitive damages are not available.
Factors that impact the amount of damages
There are several factors that can impact the amount of damages an injured person may be entitled to receive. Here are a few of the most significant factors:
The severity of the injury
The severity of the injury is often the most critical factor in determining the amount of damages. In general, the more severe the injury, the higher the damages will be. For example, a person who suffers a traumatic brain injury is likely to receive a higher amount of damages than someone who suffers a minor back injury.
The extent of the damages
The extent of the damages is related to the severity of the injury but goes beyond it. The extent of the damages refers to how the injury has impacted the injured person’s life. For example, a person who has lost a limb may receive a higher amount of damages than someone who has suffered a similar injury but has not experienced the same level of impairment.
The defendant’s conduct
The defendant’s conduct can also impact the amount of damages. If the defendant’s behavior was particularly egregious, the injured person may be entitled to punitive damages. Additionally, if the defendant’s behavior caused the injury intentionally, the damages may be higher than if the injury was caused negligently.
Comparative negligence
If the injured person is partly responsible for their injury, the amount of damages they can receive may be reduced. This is known as comparative negligence. For example, if a person was injured in a car accident but was not wearing their seatbelt, their damages may be reduced because their failure to wear a seatbelt contributed to their injuries.
Conclusion
Determining the amount of damages in a personal injury case requires a careful consideration of the facts and circumstances surrounding the injury. Economic damages are relatively straightforward to calculate, but non-economic damages require a more nuanced analysis of the injured person’s losses. Several factors impact the amount of damages, including the severity of the injury, the extent of the damages, the defendant’s conduct, and comparative negligence. Ultimately, the goal is to compensate the injured person for the losses they have suffered, both economic and non-economic.