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Personal Injury -- Plaintiff Law

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What Damages Can I Recover?

You can recover your actual economic losses such as the costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic services, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries

You are also entitled to non­economic damages for physical pain and suffering, mental and emotional suffering, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence. Idaho law limits non­economic damages to $400,000 with that amount adjusted each year by the rate of increase of average wages in Idaho. The limitation, however, is not applicable to cases involving willful or reckless conduct nor is it applicable to punitive damages.

In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love and affection. Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship.

Punitive damages are intended to punish a defendant and are only awarded when a claimant can prove oppressive, fraudulent, wanton, malicious or outrageous conduct.