Apr 22, 2024

What Are “Damages” In Personal Injury?

Woman inspecting scratch on white car's door in parking lot, potential car accident claim scenario.

Personal injury and other civil laws offer a legal pathway for those wronged by negligent actions or inactions of a third party. Central to this process is the concept of “damages,” a term that describes the compensation victims can seek to recover from the at-fault party for causing the situation that left them injured in some capacity.

Damages aren’t limited to what’s lost; A full recovery aims to restore the victim’s quality of life post-accident. Having an experienced legal partner during this process often tips the scales in their favor and increases the odds of a successful outcome.

There are thousands of lawyers online, but there’s only one Morgan and Morgan. Our team combines the attention and compassion of a family firm with the resources of an industry giant, with no out-of-pocket or upfront costs. 

We’ve been where you are now. Let us help you get back on your feet and get the justice you deserve. Complete our free, no-risk case evaluation to get started.


What Are the Different Types of Damages?

In personal injury cases, the primary purpose of damages is to compensate the victim for any losses suffered as a direct result of the accident. There are a few different ways to classify each type of damage.


Economic vs. Non-Economic

Economic damages concern the monetary costs incurred because of the at-fault party’s negligence. Non-economic factors cover injuries outside the financials, including pain and suffering, mental anguish, and loss of enjoyment of life, among many others.


Compensatory vs. Punitive

Another way to classify damages is by separating them based on the reason why the compensation is awarded. Damages awarded to the victim for costs suffered as a result of the accident are referred to as “compensatory damages,” while compensation given to fulfill the responsibilities of legal punishment is referred to as “punitive damages.”


How Do You Calculate Damages in Personal Injury Cases?

Your specific recovery will depend on a variety of factors, including the extent of your injuries, the jurisdiction your accident occurred, and the circumstances surrounding your accident. However, more severe situations often warrant higher compensation offers.

The value of some damages is easier to determine than the value of others. For example, property damages and medical costs have receipts that show the true cost. Calculating the value of other injuries, like someone’s inability to get behind the wheel again after a significant car accident, is a bit more complex.

Insurance companies will present an offer and advocate why it’s fair value, but that doesn’t mean they have your best interest in mind. The best way to ensure you’re giving yourself the best possible chance of recovering every penny you’re entitled to is by teaming up with experienced legal representation who can take your case from beginning to end.


Contact Morgan and Morgan

Understanding the concept of damages and knowing how to establish an argument for fair value are two entirely separate things. If you’ve been injured, you’ll need a powerful ally by your side to ensure that you’re provided the compensation you need to not only recover financially but live a life worth living after the dust has settled. At Morgan and Morgan, that’s our specialty.

Our team has recovered more than $20 billion advocating for the rights of those wronged by negligence, carelessness, or intentional recklessness. We’ve developed a lengthy track record of successful settlements and verdicts, but we’ve never lost the compassionate touch of a family firm that formed our humble beginnings. Our clients are our family, and we’ll fight relentlessly for what they deserve.

We’re here to help. Complete our free, no-obligation case evaluation to get started with our team.