Personal Injury Damages
Mr. Vivek Baghel provides advice on the types of personal injury damages.
A personal injury case covers property damages and other losses in addition to bodily injuries. The plaintiff can seek compensation from the at-fault contributor, who is responsible for their losses. Such compensation is legally categorized as "damages."
Damages associated with personal injury claims are categorized into compensatory and punitive. In the former, the injured party can make claims for the damages they suffered, including medical malpractice, auto accidents, and slip and fall. Even the wrongful death case can get paid under compensatory damages. However, the damages or injuries in such cases are unique.
Alternatively, punitive damage is not associated with any injury but is a punishment to the wrongdoer based on their despicable behaviour. A plaintiff or injured person can directly seek compensatory and punitive damages. The insurance company can deny, delay, and even exclude your expenses, but with a competent personal injury lawyer, you can get your claim recognized, negotiated, and completed successfully.
Compensatory damages types
Special damages recompense for the financial expenses incurred because of the injury. The injury differs from one person to another; thus, you can call it special damages. The compensation covers injury-related loss or expense. The types of special damage types are as follows.
- Loss of income - It can be permanent or temporary due to physical injuries or trauma caused to you
- Future earning loss - Loss of job due to certain kinds of disabilities
- Medical expense - Medical bills due to hospitalization or out-patient treatment
- Future medical care cost - In case of permanent disabilities, the claimant may require medical care on a regular or daily basis
- Household expenses - It includes everything that you pay for to keep your house up and running
- Altered plans or cancelled trip costs - The cost of the trip that you might have already planned and booked the ticket or hotel
General compensatory damages
These are non-financial damages faced during the injury claim process. All personal injury sufferers experience some general damages sustained during an injury.
- Mental anguish
- Pain & suffering
- Companionship loss
Wrongful death damages
In a wrongful death claim, the surviving loved ones or the family gets financial provisions.
- Funeral and burial expenses
- Surviving a loved one's emotional distress
- Pre-death medical treatment expenses
- Financial contribution loss
- Support and services loss
- Companionship loss
Punitive damages
The injured plaintiff is granted punitive damages when the defendant behaves reprehensibly or despicably. For example, a defendant is guilty of fraud or malicious acts. Despicable behaviour includes sexual assault, aggravated fights, or fraudulent actions that cause monetary losses.
In high-profile injury claims involving health risks, prescription drugs, or defective products, the court orders punitive damages against a defendant and product manufacturers.
Caps on damages
Understanding the distinctiveness among economic and non-economic damages is crucial because some states legally include a 'damages cap' in their tort reform efforts. The caps can limit non-economic damages in specific case types. For example, in California, non-economic damages are limited in cases involving medical malpractice.
Collecting damages
The victim is entitled to recompense in personal injury claims as soon as the settlement is finalized in court after a judgment. However, damages awarded and actual money collection must be sorted out clearly. The defendant ordered to pay specific damage will not be willing to pay the entire amount. The defendant may say they do not have enough to cover the damages caused.
Nevertheless, the plaintiff’s attorney helps in the collection process. They expose the defendant’s undisclosed assets and place a lien on that property. This ensures that the accused pays the ordered amount to the claimant.
The attorney ensures that the defendant pays in full. If they fail to pay the ordered amount, they must recompense for the interest accrued on the damages. If a defendant has binding liability cover, the insurance provider will pay the valid damage award up to the liability limits. Thus, the claimant must hire a reputed personal injury lawyer.
These highly qualified and experienced attorneys ensure you get what you deserve no matter how difficult the defendant is. They can also arrange an out-of-court settlement for you. They have the right skills to negotiate with the defendant and get you the amount that covers all your damages. Lastly, having a personal injury attorney's number in your contact list is always better than last-minute research.
Page Reference
If you quote information from this page in your work, then the reference for this page is:
- BAGHE, V. (2021) Personal Injury Damages [WWW] Available from: https://www.brianmac.co.uk/articles/article625.htm [Accessed
About the Author
Vivek Baghe is a Freelance Journalist and Blogger.