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What Types Of Damages Are Available In Personal Injury Cases?

Presser Law, P.A. > Personal Injury  > What Types Of Damages Are Available In Personal Injury Cases?
Personal Injury Lawyer

In a personal injury case, damages refer to the monetary compensation awarded to the injured party to compensate for the losses and harm they have suffered due to another party’s negligence or wrongful conduct. Personal injury damages can encompass a wide range of economic and non-economic losses, and the types of damages available in a case may vary depending on the circumstances and severity of the injuries.

The following are some of the damages a victim can obtain in a case. For more detailed information regarding your particular situation, speak with a personal injury lawyer.

Medical Expenses

Medical expenses are one of the primary damages awarded in personal injury cases. This category includes the costs of medical treatment, such as hospitalization, surgery, medication, rehabilitation, physical therapy, medical equipment, and other necessary medical services.

Plaintiffs are entitled to recover past medical expenses incurred as a result of the injury and estimated future medical expenses for ongoing treatment and care related to the injury.

Lost Income And Earning Capacity

Injuries sustained in accidents can result in temporary or permanent disability, impairing the injured party’s ability to work and earn income. Lost income damages compensate the injured party for wages or salary lost due to time missed from work during recovery.

Plaintiffs may also be entitled to compensation for lost earning capacity, which reflects the reduction in their ability to earn income in the future due to the injury. This can include reduced earning potential, diminished career opportunities, or the need to switch to a lower-paying job due to physical limitations.

Pain And Suffering

Pain and suffering damages are intended to compensate the injured party for physical pain, discomfort, and emotional distress caused by the injury. This category of damages is non-economic and is more difficult to quantify than economic damages such as medical expenses or lost income.

Pain and suffering damages may include compensation for physical pain, mental anguish, emotional trauma, anxiety, depression, loss of enjoyment of life, and other intangible harms resulting from the injury.

Courts may consider factors such as the severity and duration of the pain, the impact on daily activities and relationships, and the prognosis for future recovery when determining the amount of pain and suffering damages to award.

Disfigurement And Permanent Disability

In cases where the injury results in permanent disfigurement, scarring, or disability, the injured party may be entitled to damages for these lasting impairments’ physical and psychological effects.

Disfigurement damages compensate for any visible scars, deformities, or other physical alterations resulting from the injury, which may significantly impact the injured party’s self-esteem and quality of life.

Permanent disability damages reflect the long-term limitations and restrictions imposed by the injury, such as mobility impairments, loss of limb function, or cognitive deficits, and compensate for the resulting loss of enjoyment and diminished quality of life.

Loss Of Consortium

Loss of consortium damages compensate the spouse or family members of the injured party for the loss of companionship, care, assistance, and affection resulting from the injury. This category of damages recognizes that injuries sustained by one family member can have a ripple effect on the entire family, affecting relationships, household responsibilities, and overall quality of life.

Loss of consortium damages may be awarded separately from damages awarded to the injured party and can vary depending on the extent of the impact on the relationship between the injured party and their loved ones.

Punitive Damages

In cases involving particularly egregious or reckless conduct by the defendant, punitive damages may be awarded in addition to compensatory damages. Punitive damages are intended to punish the defendant for their wrongful actions and deter similar misconduct.

Unlike compensatory damages, designed to compensate the injured party for their losses, punitive damages are awarded based on the defendant’s conduct and are intended to serve as a deterrent to others.

Thank you to our friends at Parker, Pallet, Slezak & Russell, LLC for their insight into personal injury law.