In a personal injury lawsuit, plaintiffs can recover compensation for certain damages related to their injuries. There are several types of damages plaintiffs could get in a personal injury lawsuit, some of which are considered “economical” and are tied to specific costs incurred in the aftermath of an injury. Other forms are considered “noneconomic,” which are more subjective to the case. While every case can vary when it comes to what victims can recover, below, we have provided a list of the most common form of compensation for an injury case.
Medical Bills: Those who have suffered an injury may require treatment. Compensation for medical bills can cover tests, treatment, hospital stays, and outpatient care to address immediate injuries. In some cases, medical treatment may extend beyond the present. Certain injuries can become permanent, requiring victims to receive ongoing medical treatment. When this happens, medical bills can skyrocket to hundreds of thousands of dollars.
Lost Wages: Certain injuries can impact you in ways that keep you from being able to work. Whether you took time off using your sick days to head to doctors' appointments or if your injuries were so harmful that you were admitted to the hospital, it's all time that you had to take off from work. Whether it’s the loss of a few days or the inability to work going forward, you could be entitled to compensation for those lost wages.
Pain and Suffering: Compensation for pain and suffering is based on the trials you went through and will continue to go through due to the injuries you've sustained. In order to gain compensation for pain and suffering, plaintiffs will need to gather evidence in the form of medical records–which can show diagnoses, prescriptions, clinical visits, and hospital stays. Victims must be proactive about their treatment and communicate with their physicians regarding their injuries.
Emotional Distress: This form of compensation is rewarded based on the injured party's mental and emotional state after an accident. Injuries do not only harm a person's body. Depending on the nature of the accident in which the victim was harmed, it could cause them to suffer from issues like anxiety and depression to severe mental trauma, such as post-traumatic stress disorder or PTSD. Victims who claim emotional distress will need to acquire comprehensive and accurate records from their therapist, psychologist, or psychiatrist and a diagnosis of a specific psychiatric condition in order to receive compensation.
Wrongful Death: Wrongful death claims are filed by the survivors of the individual or individuals who were killed due to the negligence or misconduct of another individual or party. Compensation in the form of wrongful death can help ease the financial burdens survivors face associated with the loss of a loved one, which includes, but is not limited to, lost income, leftover bills, and funeral expenses. In some cases, wrongful death can also help ease the burden for the children who suffer the sudden and unnecessary loss of someone's parent/guardian. Cases like these can be referred to as "lost parental companionship, instruction, and guidance."
Loss of Consortium: If you or a loved one have been injured and are unable to carry out a complete relationship, be it with your spouse or partner, or if you or your loved one were killed, you may be eligible to receive compensation for the loss of that companionship.
Punitive Damages: is considered a punishment toward the defendant when the court deems that their actions or behavior is found to be especially harmful. Punitive Damages can also dissuade other parties and companies from engaging in similar activity in the future. In order for the court to award this form of compensation, the actions that caused the injury must be found to have either been intentional or the result of willful misconduct.
While it is rarely granted, punitive damages can be awarded in certain New York personal injury cases.
We highly recommend that victims keep detailed records of their injuries by taking photos and videos in order to gather sufficient evidence that accurately represents their condition. This evidence can provide the court with enough information to estimate how much you should receive should you be awarded compensation for your injuries. For more information regarding the forms of compensation you may be eligible to receive for your injury case, contact a Morgan & Morgan attorney today.