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Damages in personal injury cases
- July 26, 2016
If you’re involved in a personal injury law suit, you may be entitled to compensation for a wide array of different things. Your final settlement’s value is based on these types of damages. There are two main types of damages that are available: compensatory and punitive. These damages are paid to the plaintiff’s insurance company. Below are some of the more typical types of damages we see.
This is common to many cases. If you’re a victim, you’re entitled to compensation for all of the medical care associated with your accident. You can get compensation for expenses already paid, or future expenses. If you have a disability, or need long term treatment, then it’s important you get all of your future medical expenses covered in your personal injury settlement/verdict. Often, compensation for future medical expenses can dwarf any other compensation you may get.
Many victims often are unable to work, while getting treatment. In the event your injury is very severe – it may hinder your future work capacity. Our attorneys can help you get compensated for lost time from work. If you have a reduced work capacity, then our lawyers can help you get compensation for what your future estimated income potential would have been.
If any property was lost, damaged, or destroyed, as a result of your personal injury – then we can help you get compensation. Property damages are more straightforward, since it’s easier to recoup and estimate the value of the damaged property.
Pain and Suffering
Most personal injury victims get compensated for the emotional, psychological, mental, pain and suffering they endured as a result of their accident. This is typically in addition to the property damages, medical expenses, lost wages, and other compensation you may receive.
Loss of Consortium
This is less common form of compensation. Plaintiffs have to prove that their accident, or injury, resulted in a negative impact on their relationship with their spouse/partner. If you are unable to maintain a normal sexual relationship, or are unable to maintain a healthy emotional relationship – this could be grounds for loss of consortium damages. The damages for loss of consortium go directly to the affected spouse, or family member, rather than the plaintiff.
This form of damages is given above, and beyond, any compensatory damages. They are only given, in cases where serious injury has occurred – or where the defendant was so negligent, that the judge wants to set an example. The judge does this by adding additional financial penalties, in order to make a “point.” These are hard to quantify, and fall squarely on the judge. Judges use them as a deferent.