Date: 02/10/22

Author: Attorney Nicole O’Connor

Damages Involved in Personal Injury Cases

First and foremost, the individual seeking compensation in personal injury cases is known as the “plaintiff”. There are mainly two types of damages that people seek compensation for, compensatory and punitive damages. To clarify, “damages” can include, property damage, medical harm, and much more.

Compensatory Damages Explained

Often, personal injury cases will be accompanied by what are known as compensatory damages. Simply put, compensatory damages are the “damages” which you are seeking compensation for. Furthermore, this form of compensation awards the plaintiff involved the ability to recover physically, mentally, and monetarily. The likelihood of compensation depends on the specifics to your case. For example, proving medical damages is easier when compared to proving pain and suffering. Below are listed multiple damages involved in personal injury cases.

Medical Compensation

First and foremost, personal injury cases often include some form of medical expense. Of all the potential damages involved in personal injury cases, none pop up more frequently than medical expenses. In the event you win your case it may be assumed your medical expenses will be covered. Furthermore, you may seek for further compensation if your medical issues are persistent. 

Pain & Suffering

If the events from your personal injury case have caused you immense pain or extreme discomfort you may be entitled to compensation. Once again, proving damages in personal injury cases is tougher under certain circumstances. This is one of those instances.

Compensation for Property Loss

To begin, “property damage” can mean a bunch of different things. To clarify, “property” in this context means really anything belonging to you. Therefore, “property” includes things such as physical property like a home, articles of clothing, cell phones, and your car for example. As the plaintiff, you may seek compensation to replace any of your property that was destroyed or damaged. It should be known that your “property” that needs to be replaced will be based off of fair market value. 

Loss of Income

Next, this is another damage type that often pops up in cases that are related to personal injury law. Similarly, to medical expenses, damages surrounding loss of income tend to be easier to prove when compared to others. Hypothetically, let’s say that you got into an auto accident which causes you to miss time at work. It may be assumed that you will miss out on money you usually would be making at work. Therefore, you may be entitled to compensation regarding that loss of income.

Emotional Distress

Once again, this damage falls under the umbrella of hard to prove. Most often, emotional distress is involved in very serious accidents. Compensation here is meant to help the plaintiff involved deal with lingering issues from his or her accident. Emotional distress damage awards can help compensate for issues like anxiety and sleep loss for example. 

Punitive Damages

At times, defendants in particular cases are extremely neglectful and this can lead to punitive damages. Furthermore, punitive damages are damages that are viewed differently than compensatory ones. For example, compensatory damages are meant to make someone recover to where they once were. However, punitive damages are more so meant to punish the defendant involved who was responsible for creating your damages. 

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