types of damages that can be claimed in a personal injury case
When someone suffers a personal injury due to the negligence or intentional actions of another party, they may be entitled to compensation for their losses. This compensation is known as damages and can be awarded in a personal injury case. Here are the types of damages that can be claimed in a Personal Injury case:
Economic Damages: Economic damages refer to the financial losses that a person suffers as a result of their injury. These damages can include medical expenses, lost wages, and property damage. Medical expenses can include the cost of hospital stays, surgeries, medication, and rehabilitation. Lost wages refer to the income that the person would have earned if they had not been injured. Property damage can include damage to the person’s vehicle or other property.
Non-Economic Damages: Non-economic damages refer to the intangible losses that a person suffers as a result of their injury. These damages can include pain and suffering, emotional distress, and loss of enjoyment of life. Pain and suffering can include physical pain, discomfort, and limitations on daily activities. Emotional distress can include anxiety, depression, and post-traumatic stress disorder. Loss of enjoyment of life refers to the inability to participate in activities that the person enjoyed before their injury.
What are the types of damages that can be claimed in a personal injury case?
Punitive Damages: Punitive damages are awarded in cases where the defendant’s actions were particularly egregious. These damages are meant to punish the defendant and deter them and others from engaging in similar behavior in the future. Punitive damages are not awarded in every case and are typically only awarded in cases where the defendant’s conduct was intentional or showed a reckless disregard for the safety of others.
Loss of Consortium: Loss of consortium refers to the loss of the relationship between the injured person and their spouse. This can include loss of companionship, affection, and sexual intimacy. Loss of consortium is typically awarded to the spouse of the injured person and is meant to compensate them for their losses.
Wrongful Death Damages: If a person dies as a result of their injuries, their surviving family members may be entitled to compensation for their losses. These damages can include funeral and burial expenses, loss of income, and loss of companionship.
In a Personal Injury case, the plaintiff (the injured person) must prove that the defendant (the person or entity responsible for the injury) was negligent or engaged in intentional misconduct that caused their injuries. Once the plaintiff has established liability, they must then prove the amount of damages they are entitled to receive.
To prove damages, the plaintiff will typically provide evidence of their economic losses, such as medical bills and pay stubs. Non-economic damages can be more difficult to prove, as they are intangible losses. To establish non-economic damages, the plaintiff may present testimony from medical experts, mental health professionals, and other witnesses who can speak to the impact that the injury has had on their life.
In some cases, the plaintiff may work with an expert witness who can calculate the long-term economic impact of their injuries. For example, if the plaintiff suffered a permanent injury that will prevent them from working in the future, an economic expert can calculate the amount of income they will lose over their lifetime as a result of their injury.