Types of Damages Available in a Personal Injury Case
Learn about the types of compensation you may be eligible to receive in a personal injury case
If you or a loved one has been seriously injured in an accident, you may already know that you can seek compensation with the help of a personal injury attorney. But what kinds of damages are included in this compensation?
Most of the damages in a personal injury case fall into the category of compensatory damages, which are intended to compensate the injured person for all they have lost and suffered due to their injury. The different types of compensatory damages are:
Medical Treatment: Obviously, if an accident has resulted in an injury, some sort of medical care will be required. The injured party can seek compensation for all their medical expenses, including bills already incurred and estimates for the cost of future treatments, therapy, medications, etc.
Lost Income: When a personal injury keeps the victim out of work, they can seek damages to cover the lost wages they would otherwise have earned. If the injury is serious enough to affect their future ability to work, they can also seek damages to cover future lost income or earning power.
Property Loss: If any of the victim’s property was damaged in the accident—such as a bike being totaled in a bike accident—the cost of repair or replacement should be included in the damages sought.
Pain and Suffering: The law recognizes that recovering from a serious injury can be a painful and trying process. Pain and suffering can be awarded to help compensate for this. Pain and suffering is typically calculated based on the medical costs.
Emotional Distress: In more serious accidents, individuals may suffer psychological harm as well as physical harm. Symptoms like fear, anxiety, and sleep loss can be considered.
Loss of Enjoyment: When injuries interfere with daily activities like hobbies and exercise, compensation for loss of enjoyment may be appropriate.
Loss of Consortium: If the injuries affect the victim’s relationship with their spouse to the point where the companionship, support, and/or sexual relationship is lost, loss of consortium damages may apply. This type of damages is most common in wrongful death cases.
In rare cases, punitive damages may be sought to punish the liable party for their conduct. These damages can apply when the liable party was outrageously careless or negligent in their actions.
How Partial Liability Affects Your Damages
When trying to estimate how much compensation you stand to gain by pursuing a personal injury claim, it is important to bear in mind that if you are accused of having any role in causing your own accident, this could reduce your compensation. For example, if you were found 20 percent liable for a car accident, the defendant would only be responsible for 80 percent of your damages.
Call Now for Your Free Consultation
If you would like to learn more about the compensation that may be available in your case, please call the Law Offices of Fernando D. Vargas at 909-982-0707 now.