Possible Damages in Personal Injury Lawsuit
Key Takeaways:
- Damages are a way to compensate the injury victim for losses suffered after an accident.
- Economic damages include financial losses, like medical bills, lost income, and property damage.
- Noneconomic damages can compensate the victim for other losses, including pain and suffering and mental distress.
After a car accident, you may be thinking about how you will pay for car repairs, time off work, physical therapy, and other losses. The person who caused the accident should be responsible for paying for the damages. In a personal injury case, the at-fault party is liable for paying for damages.
Damages in a personal injury lawsuit are a way for you to get compensation for your losses. Unfortunately, the person who caused the accident may not want to pay for what they did. An experienced attorney can help you recover full compensation for your losses. Find an experienced personal injury lawyer to help you get the maximum damages available after an injury accident.
What Are Damages in a Personal Injury Lawsuit?
Damages in a personal injury lawsuit are the losses associated with a severe injury accident. These are known as compensatory damages. Compensatory damages are supposed to compensate you after an accident. A financial award is the law’s way of putting you into a similar position you would have been if the accident had never happened.
Money will not fix everything. However, that is the best option for civil courts after someone suffers loss in an injury accident. Damages in a personal injury lawsuit generally consist of:
- Economic damages
- Noneconomic damages
- Punitive damages
Economic Damages
Economic damages are the financial losses associated with your injury accident. This includes out-of-pocket costs, continuing medical bills, and future medical expenses. Types of economic losses include:
- Medical treatment
- Lost income
- Future loss of earning capacity
- Property damage
- Future medical care
Noneconomic Damages
Noneconomic damages don’t always have a clear dollar value. What is the cost of chronic physical pain for the rest of your life? Noneconomic damages to provide fair compensation for losses that don’t have out-of-pocket expenses. Noneconomic damages can include:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement or impairment
- Loss of quality of life
- Emotional distress
- Mental anguish
How Do You Calculate Future Damages?
You know the monetary value of out-of-pocket expenses. Future expenses are harder to calculate. When the injured person suffers permanent injuries, they may need to pay for health care in the future. To calculate future damages, your attorney can use an expert witness to estimate the future costs of medical care.
Is There a Limit to How Much You Can Recover in Damages?
Unfortunately, some states cap how much you can recover in noneconomic damages. Insurance companies have pressured lawmakers to limit compensation for injury victims. Even if a jury awards a patient $5 million in noneconomic damages for a birth injury, the judge may reduce the award based on the state’s damages cap. About half of states have caps for noneconomic damages. Talk to your attorney about damage limits in your state.
What Are Punitive Damages?
Punitive damages are separate from general damages. Punitive damages are intended to punish the person who caused the injuries. Also called exemplary damages, these are rare for personal injury damages.
These types of damages are limited to situations where the defendant acted intentionally or was especially malicious. For example, if a doctor knew they caused the injury victim’s permanent disability but went back and falsified the records, they may have to pay a punitive damages award.
What Are the Damages if Someone Dies in an Accident?
It is a tragedy when a family member or loved one dies in an accident. The accident victim is not alive to make sure the person who caused the accident is held accountable. A wrongful death lawsuit is a way for the family to recover compensation from the person responsible.
Damages in a wrongful death lawsuit are different than in a personal injury claim. The surviving family can recover damages in a fatal accident, including:
- Loss of support
- Loss of benefits
- Loss of consortium
- Burial costs
- Funeral expenses
How Can a Personal Injury Attorney Help Recover Damages?
Taking on the insurance companies after an injury accident can be challenging. An experienced attorney understands how to negotiate with the insurance company to ensure you get full reimbursement for your losses.
After a truck accident or medical malpractice injury, talk to a personal injury law attorney about how much you can recover in damages. Contact an experienced attorney for legal advice after your accident.
Hurt in an Accident?
Experienced personal injury lawyers in our directory can fight the insurance companies for you to get the compensation you deserve.
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