Personal injury law is designed to help those injured due to negligence or wrongdoing by others. You may be entitled to damages when you are injured in an accident or due to someone else’s carelessness. Damages are the money awarded to compensate you for your losses. This article will explain the damages available in personal injury cases, including how they work and why they are essential.
What Are Damages in Personal Injury Cases?
In personal injury cases, damages refer to the financial compensation you may receive for the harm caused by an injury. These damages are meant to cover the physical and emotional effects of the injury and any financial losses you may have experienced. The purpose of these damages is to help you recover as much as possible from your injuries.
Economic Damages
Economic damages are designed to compensate you for the financial losses you have experienced due to the injury. These damages are usually easier to calculate because they are based on actual monetary losses. Here are some common types of economic damages:
- Medical Expenses: One of the most common types of economic damages is compensation for medical expenses. This includes the cost of hospital stays, surgeries, doctor visits, prescription medications, rehabilitation, and any other medical treatment related to your injury. These costs may also be included if your injury requires long-term care, such as physical therapy or future surgeries.
- Lost Wages: If your injury has caused you to miss work, you may be entitled to compensation for your lost wages. This includes both past wages and future lost wages if the injury has affected your ability to work in the future. For example, suppose you cannot return to your previous job or must take a lower-paying position due to your injury. In that case, you can receive compensation for that difference.
- Property Damage: Suppose your personal property, such as your car, was damaged in the accident that caused your injury. You may be compensated for the repair or replacement costs in that case. This ensures that you are made whole for any property loss you have suffered due to the incident.
Economic damages aim to cover the direct financial losses caused by an injury and can include medical expenses, lost wages, and property damage.
Non-Economic Damages
Unlike economic damages, non-economic damages are not tied to a specific dollar amount or receipt. Instead, they compensate you for an injury’s emotional and psychological toll on your life. These damages can be more challenging to calculate but are still crucial to personal injury claims. Common types of non-economic damages include:
- Pain and Suffering: Pain and suffering refer to the physical pain and emotional distress caused by the injury. This can include ongoing pain, anxiety, depression, and emotional trauma. It also takes into account how the injury affects your quality of life. Suppose your injury causes chronic pain or affects your ability to participate in everyday activities. In that case, you may be entitled to compensation for your pain and suffering.
- Emotional Distress: Emotional distress damages compensate for the mental anguish caused by the injury. This can include fear, anxiety, depression, or any other emotional difficulties resulting from the accident. For instance, if you were involved in a traumatic car accident, the emotional distress may include nightmares, anxiety, or fear of driving again.
- Loss of Enjoyment of Life: Suppose your injury prevents you from enjoying activities or hobbies that you once loved. In that case, you may be entitled to compensation for the loss of enjoyment of life. This damage is often awarded when a person can no longer participate in sports, travel, or social activities due to the injury.
- Loss of Consortium: Loss of consortium refers to losing companionship and support from a spouse or partner due to the injury. Suppose your injury affects your relationship with your spouse, causing a loss of intimacy or emotional connection. In that case, you may be entitled to damages for the loss of consortium.
Non-economic damages aim to compensate for the emotional and psychological effects of an injury, including pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages
Punitive damages are different from both economic and non-economic damages. These damages are not meant to compensate the injured party for losses. Instead, they are designed to punish the defendant for particularly reckless or malicious behavior. For example, suppose the defendant was driving under the influence of alcohol or acted with extreme negligence. In that case, punitive damages may be awarded to deter similar behavior.
It’s important to note that punitive damages are not always available in personal injury cases. They are typically only awarded in cases involving gross negligence or intentional harm. These damages aim to set an example and discourage others from engaging in similar conduct.
Contact Our Attorneys for a Free Consultation
If you or a loved one has been injured due to someone else’s negligence, you don’t have to navigate the legal process alone. At Powell and Pisman Injury Lawyers, we are dedicated to helping our clients get the compensation they deserve. Contact us today for a free consultation, and let us help you understand your options and fight for your rights. Our experienced attorneys are here to support you every step of the way.