Personal Injury

Personal Injury Damages

When a personal injury lawsuit is successful, the injured party is entitled to monetary damages. The amount of compensation owed to the plaintiff will be based on several factors, including the severity of the injury. Two types of personal injury damages may be awarded--compensatory damages and punitive damages.

If you or a loved one has been injured due to another's negligence, you may be eligible to collect personal injury damages. To find out if you can recover compensation through a lawsuit, fill out our free case review form to speak with a personal injury attorney.

Compensatory Damages

Compensatory damages place a dollar amount on the victim's injuries and attempt to put the victim in the same position they were prior to the injury. These damages compensate the victim for physical, financial and emotional losses suffered as a result of the accident. Compensatory damages can be classified into two categories; special damages offer compensation for monetary losses, while general damages compensate victims for non-economic losses.

Economic Losses

Compensatory damages can cover the following economic losses:

• Lost Wages: Personal injury victims who need time away from work due to their injuries can recover damages for lost wages. Additionally, if the victim cannot earn the same amount of money as they did prior to the accident, they may also be able to collect for a loss of earning capacity.
• Medical Bills: Many personal injury awards compensate the victim for medical expenses related to the injury, including hospital bills, surgical procedures and doctor visits. Damages for medical expenses can also include compensation for future medical care. Future expenses are determined by the patient's life expectancy.
• Funeral Costs: If another's negligence leads to an individual's death, the victim's family may be able to recover funeral expenses.

In addition, personal injury victims may be able to collect for property damage and loss of household services.

Non-Economic Losses

Non-economic damages vary between cases and are often difficult to calculate. Common non-economic damages include the following:

• Pain and suffering: These damages compensate the victim for physical pain related to the injuries. Pain and suffering damages may also include compensation for mental anguish. Emotional suffering is often harder to prove than physical pain.
• Loss of consortium: The husband or wife of a personal injury victim may be able to recover loss of consortium damages, which cover losses related to elements of marriage, including loss of sexual interaction, comfort, companionship and affection.

Non-economic damages can also compensate for disfigurement and loss of life's enjoyment.

Punitive Damages

When the defendant's behavior is particularly outrageous, the court may award punitive damages which aim to deter others from acting in a similar manner. Instead of compensating the victim for their losses, punitive damages are intended to punish the defendant for their actions.

Not every personal injury lawsuit will warrant punitive damages, as this form of compensation is only awarded in certain cases. Most courts will not even consider punitive damages (also known as exemplary damages) unless compensatory damages have been awarded. To avoid excess punitive damage amounts, courts typically place a limit on these damages.

It can be difficult to determine the amount of compensation owed to an injury victim without the help of a skilled personal injury lawyer. Many personal injury damages, particularly non-economic losses, are difficult to assign a number value. It often requires the skill of a personal injury attorney, who typically works with medical and economic specialists, to determine the maximum amount of compensation an injury victim is owed. If you would like to speak with a personal injury lawyer about your potential to recover monetary damages, fill out our free case review form today.