If you or a loved one has been injured in an accident, you may be wondering what to do next. You may be feeling overwhelmed and uncertain of where to turn. The first step is to seek out experienced personal injury representation.
Our law firm has helped countless clients get the compensation they deserve following an accident. We understand the physical, emotional, and financial toll an injury can take on a person and their family. We will fight tirelessly to get you the maximum amount of compensation possible. Below we will discuss different types of damages and their compensation. Many different types of damages can be awarded in a personal injury case. These include:
1. Compensatory damages:
There are two types of compensatory damages: economic and non-economic. Economic damages include objective costs such as medical bills, lost wages, and property damage. Non-economic damages include personal losses such as pain and suffering, mental anguish, and loss of enjoyment of life. In some states, punitive damages may also be available in addition to compensatory damages.
The compensatory damages recovered will depend on each case’s specific facts and circumstances. A court will consider the plaintiff’s age, health, and ability to earn a living when determining the number of economic damages. For non-economic damages, there is no set formula, and courts will generally award an amount that they believe is fair and reasonable under the circumstances.
2. Punitive damages:
Punitive damages, also called exemplary damages, are a type of damage that may be awarded in a civil lawsuit. Punitive damages are not meant to compensate the victim; they are intended to punish the wrongdoer and deter future bad behavior.
To recover punitive damages, the plaintiff (the person filing the lawsuit) must typically show that the defendant’s (the person being sued) actions were particularly egregious and resulted in actual harm. For example, if a company has engaged in false advertising, it may be ordered to pay punitive damages to the consumer misled by the ads.
In addition to compensatory damages (damages that reimburse the victim for their losses), punitive damages can be awarded, or, in some cases, instead of compensatory damages. Not all states allow punitive damages, and the number of punitive damages awarded may be capped by state law.
3. Pain and suffering damages:
Pain and suffering damages are among the most common damages awarded in personal injury cases. Pain and suffering can include physical pain, emotional distress, mental anguish, and any other type of suffering resulting from an injury.
There is no set formula for calculating pain and suffering damages, but a few methods are commonly used. The first method is to multiply the victim’s total economic damages (medical bills, lost wages, etc.) by a number between 1 and 5, depending on the severity of the injuries. Another method is to award a certain amount of money for each day the victim suffered from their injuries. For example, if the victim was in the hospital for two weeks due to their injuries, the court might award them $100 per day for those two weeks. The third method is to award a lump sum of money based on the severity of the victim’s injuries and the amount of pain and suffering they endured. Whichever way is used, the goal is to compensate the victim for the physical and emotional anguish they experienced due to their injuries.
No two personal injury cases are identical, so the types of damages available will vary from case to case. Our firm is here to advise you on the specific damages that may be available in your case.
Contact us today to discuss your case if you have been injured in an accident.