When an individual gets injured due to the negligence or harmful acts of another person, they can file a personal injury claim. The objective of a personal injury lawsuit is to recover compensation for the damages suffered. In South Dakota, a plaintiff can recover different types of damages in a personal injury case.
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Economic Damages
Economic damages are the actual monetary losses suffered by the plaintiff due to the injury. They are objective and easily measurable, and often involve bills, receipts, and other quantifiable evidence. Economic damages in a personal injury case include:
Medical Expenses
If you suffer an injury, you may require medical treatment to recover. The plaintiff can recover the costs of medical treatment and care received. This includes ambulance fees, hospital bills, medication costs, doctor’s fees, rehabilitation costs, and any other healthcare expenses incurred.
Lost Wages
An injured plaintiff may be unable to work for an extended period of time, resulting in lost income. Lost wages refer to the income the plaintiff would have earned if they were not injured, including missed bonuses and overtime. If the injured individual is permanently disabled, they can also claim future lost earnings.
Property Damage
In some cases, the plaintiff’s property may be damaged as a result of the injury. For instance, a car accident may damage the plaintiff’s car. The plaintiff can seek compensation for the cost of repairing or replacing the damaged property.
Miscellaneous Expenses
Other expenses include the cost of hiring childcare while attending medical appointments or the cost of hiring someone to clean the house if doing so exacerbates the injury.
Non-Economic Damages
Non-economic damages refer to the emotional and psychological impact of the injury. Unlike economic damages, non-economic damages are subjective and not easily measurable. Some common examples of non-economic damages in a personal injury case include:
Pain and Suffering
This refers to the physical pain and emotional suffering experienced by the plaintiff. It includes the pain and discomfort caused by the injury, any medications or treatments required during recovery, and the impact on the plaintiff’s daily life.
Emotional Distress
A plaintiff may experience mental distress after the injury, such as anxiety, depression, insomnia, or post-traumatic stress disorder (PTSD). Emotional distress damages may also include fear, humiliation, or embarrassment.
Loss of Enjoyment of Life
If the plaintiff is unable to participate in activities they previously enjoyed due to the injury, they can claim damages for lost enjoyment of life.
Loss of Consortium
If the plaintiff’s spouse or companion is deprived of the benefits of a relationship as a result of the injury, they can claim damages for loss of consortium.
Punitive Damages
Punitive damages are meant to punish the defendant for their misconduct and deter future harmful conduct. Punitive damages go beyond compensating the plaintiff for their actual damages and are intended to discourage others from engaging in similar harmful conduct. In South Dakota, punitive damages are only available in cases where the defendant acted with actual malice, fraud, or deliberate misconduct.
Conclusion
In a personal injury case in South Dakota, the plaintiff can recover economic, non-economic, and punitive damages, depending on the facts of the case. A personal injury plaintiff should work with an experienced attorney to ensure that they receive the maximum amount of compensation to which they are entitled.