Types of Personal Injury Damages | TorHoerman Law

What Are Personal Injury Damages?

Personal injury damages are monetary awards designed to compensate victims for their losses related to a personal injury claim.

Depending on the circumstances of your case, you may also be eligible for punitive damages — awards intended to penalize the defendant for their actions and discourage similar behavior from occurring again.

The Bureau of Labor Statistics recorded over 2.6 million non-fatal injuries and illnesses in private industries and over 5,000 fatal cases in 2021.

These severe injuries can bring about a range of damages from medical bills to lost wages, pain and suffering, and other expenses.

Sometimes, a personal injury lawsuit can entitle you to compensation for your medical expenses and lost wages.

Damages may also include emotional distress or loss of enjoyment of life.

The amount awarded for damages will depend on the type and severity of injuries sustained, any losses incurred due to the incident, and other factors.

Let’s review the different types of damages available in personal injury cases.

Types of Damages Related to Personal Injury

The two main types of damages available in a personal injury lawsuit are compensatory and punitive damages.

Compensatory Damages

Compensatory damages are awarded to plaintiffs to remedy the harm they have suffered due to the defendant’s wrongdoing.

Types of compensatory damages can include medical bills from a car accident, rehabilitative care costs, lost wages and benefits, premises liability, pain and suffering, emotional distress, loss of consortium, attorney fees, and more.

Plaintiffs may also be eligible for non-economic forms of compensation such as physical therapy or continued medical care associated with their injury.

In some cases, the court may order the defendant to pay for the plaintiff’s mental health counseling or related living expenses.

Each state has its laws regarding compensatory damages, and it is crucial to understand them before filing a claim.

Punitive Damages

Punitive damages, also known as “exemplary damages,” are a form of civil court award that goes beyond the scope of compensatory damages and serve as a punishment for wrongdoings.

Punitive damages differ from compensatory damages since they do not compensate the plaintiff for losses but deter the defendant from committing similar transgressions.

The purpose behind awarding punitive damages is two-fold: It serves as a means of punishing and deterring repeat offenders and as a public statement that society does not condone such behaviors.

In addition to inflicting economic pain on those responsible for egregious acts, punitive damages send a powerful message that there is no place for such conduct in our judicial system.

How Are Damages Calculated?

When calculating the damages in a personal injury case, there is no one-size-fits-all approach.

The amount of compensation granted will depend on several factors, such as the severity of the injury, economic losses incurred by the plaintiff, and whether punitive damages are warranted.

Economic Damages

Economic damages are any financial losses a person incurs due to another’s negligence.

They can include lost wages, medical bills, the cost of repair or replacement of property, and other out-of-pocket expenses.

Economic damages are typically calculated by determining a victim’s total financial losses and subtracting any amount they have already received from other insurance policies or settlements.

This amount reimburses an individual for out-of-pocket expenses due to the incident or injury.

Economic damages may also take into account projected income losses due to missed days at work, long-term effects of an injury on earning potential, and even the loss of benefits, such as health insurance or disability payments.

Determining economic damages in a lawsuit requires expert testimony from economists, accountants, and other specialists who have experience analyzing financial costs associated with an injury or incident.

Non-economic Damages

Non-economic damages compensate for losses the individual can not calculate with a dollar sign.

They can include pain and suffering, mental anguish, loss of companionship or consortium, emotional distress, physical impairment or disfigurement, humiliation, and embarrassment.

These types of damages compensate victims for non-monetary losses they have experienced due to another party’s negligence or wrongful act.

Non-economic damages compensate victims for the physical, emotional, and psychological trauma they have endured due to the incident in question.

Such damages can help victims restore some sense of justice following the incident by providing them with some form of repayment for damages that may not be quantifiable.

Non-economic injuries can relieve victims who may otherwise struggle to recover from their traumatic experience without such support.

What Are Important Considerations Before Filing a Lawsuit?

When filing a lawsuit for personal injury, it is crucial to understand the legal process and consider all possible outcomes.

It is also essential to understand that there may be no guarantee of a specific result as winning or losing a case will depend on many factors.

Statute of Limitations

Understanding and adhering to a state’s statute of limitations when filing a personal injury lawsuit is crucial as it sets the outer boundary on the period in which an injured party can legally file their claim.

Depending on the state, this timeline can vary significantly, with some states allowing two to three years from the date of injury to file suit while others have longer or shorter periods.

It is essential to be aware of these different timeframes because failing to file within these limits will almost certainly result in claim dismissal.

Furthermore, many states also have specific requirements or exceptions that may further restrict your ability to file a claim after the standard statute of limitations has expired.

For instance, some states follow a “discovery rule,” which allows for extra time if an injured party was unaware that someone else’s negligence caused their injury.

Therefore, it is essential to understand and adhere to federal and state laws when attempting to bring forth a civil lawsuit to take advantage of all potential remedies.

Comparative Negligence Statutes

Comparative negligence statutes assign a percentage of fault to each party involved in an accident.

Depending on this percentage, a plaintiff may receive a reduced amount of damages than initially expected.

This varies from state to state and according to Cornell University, some states have a “pure comparative fault” system — meaning that even if a plaintiff is 99% accountable for the incident, they could still be awarded 1% of the damages.

Other states have a modified comparative fault system, where any degree of liability less than 50% allows you to receive monetary compensation based on the degree of fault.

Thus, the impact of comparative negligence statutes can vary drastically depending on where an accident occurred.

Settlement Options

Settling a case out of court is often the best way to reach a successful resolution for both parties.

An experienced personal injury lawyer can offer assistance in ensuring a fair settlement by evaluating all aspects of the case, investigating and gathering evidence, negotiating on behalf of their client, and working closely with the other party’s legal representatives.

Through this process, an attorney can help ensure that their client receives the maximum compensation they are entitled to while also helping to prevent costly litigation.

Furthermore, settling outside of court can be much faster and more cost-effective than going through a trial.

It also provides more privacy than having a decision rendered in open court.

For these reasons, having an experienced personal injury lawyer on board early in the process is essential for negotiation success and obtaining a favorable outcome.

What Affects the Amount of Compensation Awarded?

Calculating the damages that a plaintiff can receive from a successful claim will vary depending on the facts and circumstances surrounding the case.

The Severity of Injury

The severity and type of injury a plaintiff has suffered is typically the most significant factor in determining how much compensation they will receive.

It is crucial to remember that minor injuries will generally not result in extensive damage awards.

In contrast, more severe injuries with long-term consequences, such as disability or scarring, can produce higher compensation.

The Degree of Negligence

Negligence plays a pivotal role in determining the amount of damages allocated in a personal injury case.

When one party is at fault due to their carelessness or inattention, they may be liable for compensatory damages intended to compensate for the losses incurred by the injured party.

Negligence can substantially impact any personal injury case as it directly influences the compensation awarded; The greater the neglect, the higher the award of damages is likely to be.

Additionally, when negligence is proven, it can act as an additional source of punitive damages, a punishment against those who have behaved recklessly or maliciously.

Evidence Presented

Providing evidence to support any claims is essential in a court of law.

This evidence consists of tangible items and records, such as medical bills, accident reports, witness testimonies, police reports, photographs, and videos.

These demonstrate facts and corroborate stories presented before a judge or jury.

The purpose of the evidence is to share facts that would otherwise be impossible to establish and provide impartiality and objectivity when evaluating claims.

These types of evidence allow lawyers to present their cases more compellingly while offering an unbiased examination of the facts.

Finally, expert opinions may also be presented in certain instances as they provide insight into matters not ordinarily available to the general public.

Insurance Coverage

Insurance coverage is a significant factor that can impact any personal injury case.

When filing any claims with an insurance provider, one should be aware of the specifics of their policy, including any limitations or exclusions.

Additionally, there may be certain time constraints and requirements for submitting claims and required forms to receive compensation.

It’s also important to keep records of all documents related to the case and follow up regularly with the insurance company to ensure your claim is processed.

There may also be various settlement options available depending on the details of the case, so it’s essential to understand these terms before agreeing to anything.

When dealing with an insurance provider, you must be prepared and familiarize yourself with your rights and responsibilities under their policy.

When To Seek Legal Help

The importance of seeking legal help when dealing with a personal injury case cannot be overstated.

An experienced attorney can provide the necessary expertise, knowledge, and resources to ensure one’s rights are fully protected while helping to maximize any potential financial compensation awarded.

They can conduct an independent investigation into the accident or injury, determine all liable parties, seek out expert witnesses, and compile reliable evidence for use in court.

Furthermore, an experienced attorney can also negotiate with insurance companies on behalf of their client, ensuring that settlements are fair and reasonable.

Having the help of an experienced lawyer can ultimately mean the difference between a successful outcome and not.

Learn More About the Lawsuit Process:

• Personal Injury Lawsuit
• Why Hire a Personal Injury Attorney?
• Gathering Evidence
• What are Compensatory Damages and Punitive Damages?
• Receiving Compensation
• General Liability Guide
• Premises Liability Guide
• What is a Bellwether Trial?
• What is a Multidistrict Litigation (MDL)?
• Statute of Limitations Guide
• What are the Steps in a Civil Lawsuit?