What Damages Can I Recover in a Personal Injury Claim?
If you’ve been injured due to someone else’s negligence or intentional actions, you may be entitled to recover various types of damages through a personal injury claim. Understanding these damages can help you better grasp the potential compensation you could receive and how it relates to your specific situation. The types of damages you may recover can be divided into economic damages, non-economic damages, and in some cases, punitive damages.
1. What Are Economic Damages in a Personal Injury Case?
Economic damages are designed to compensate for the tangible, financial losses you’ve suffered due to your injury. These losses are typically easy to quantify and can include:
- Medical Bills: This includes both current medical expenses and the estimated costs of future medical treatment needed due to your injury. It covers hospital stays, doctor visits, surgeries, physical therapy, medication, and any other medical services directly related to your injury.
- Lost Wages: If your injury has left you unable to work, you may be eligible to recover wages for the time you’ve missed. This can include not only your salary or hourly wages but also any potential bonuses, promotions, or raises you might have missed out on due to your injury.
- Property Damage: In cases like car accidents, you can recover the costs of repairing or replacing property that was damaged. This may include vehicle repairs, replacement of damaged personal property, or any other physical property that was destroyed in the accident.
Economic damages are typically straightforward, with a clear link between the injury and the financial loss you’ve experienced.
2. What Are Non-Economic Damages and How Are They Calculated?
Non-economic damages are designed to compensate for the emotional and physical toll your injury has had on your life. These types of damages can be more difficult to quantify because they involve intangible losses. Some common non-economic damages include:
- Pain and Suffering: This covers the physical and emotional discomfort you’ve experienced because of the injury. It can include the pain from an injury, as well as emotional suffering like anxiety, depression, or sleep disturbances.
- Emotional Distress: Emotional distress can occur when an injury causes mental harm, such as feelings of anxiety, depression, or post-traumatic stress disorder (PTSD). This damage compensates for the emotional and psychological impact the accident has had on your life.
- Loss of Enjoyment of Life: If the injury has significantly impacted your ability to engage in activities or hobbies that you once enjoyed, you may be entitled to compensation. For example, if a severe injury prevents you from participating in physical activities, socializing, or enjoying things you did before the accident, this can lead to non-economic damages.
Unlike economic damages, non-economic damages are subjective and are typically assessed based on the severity of the injury, the impact on your life, and the length of time the emotional or physical suffering is expected to continue.
3. What Are Punitive Damages and When Are They Awarded?
Punitive damages are a special type of compensation that may be awarded in cases involving gross negligence or intentional harm. Unlike economic or non-economic damages, which are intended to compensate the victim, punitive damages are intended to punish the responsible party and deter similar behavior in the future.
Punitive damages are typically awarded in cases where the defendant’s actions were particularly reckless, malicious, or egregious. For example, in cases involving drunk driving accidents or intentional harm, a court may award punitive damages as a way to send a message to others about the consequences of such behavior.
It’s important to note that punitive damages are not awarded in every personal injury case, and they are usually limited to extreme cases.
4. How Are the Amount of Damages Determined in a Personal Injury Claim?
The total amount of damages you may be eligible to recover depends on several factors, including:
- Severity of the Injury: The more serious the injury, the higher the potential damages. Severe injuries that require long-term treatment, rehabilitation, or result in permanent disability will typically lead to higher economic and non-economic damages.
- Long-Term Impact on Your Life: The longer the injury affects your ability to work, engage in activities, or enjoy life, the more compensation you may be entitled to. Chronic pain, ongoing medical care, and long-term emotional distress will increase the value of the claim.
- Degree of Fault: The degree to which the other party is responsible for the accident will also influence the amount of damages. If the responsible party was highly negligent, intentional, or reckless, the damages may be higher.
- State Laws: Different states have varying laws regarding the caps on certain types of damages, such as punitive damages or non-economic damages. In some states, there may be a limit to the amount of compensation you can receive for pain and suffering.
5. Can I Recover Damages for Future Losses?
Yes, in many personal injury cases, you can recover damages for future losses. This includes future medical bills, future lost wages, and any future impact the injury is expected to have on your quality of life. These future losses are usually estimated by expert witnesses, such as doctors and economists, who can project the ongoing financial or emotional effects of the injury.
For example, if you suffered a spinal cord injury and are expected to need lifelong medical care, the costs for future medical treatment will be part of your compensation. Similarly, if your injury prevents you from working for an extended period or permanently, future lost wages will also be included in the damages calculation.
6. Can I Recover Damages for Scarring or Disfigurement?
Yes, if your injury results in scarring or permanent disfigurement, you may be entitled to damages for the lasting impact on your appearance. This type of non-economic damage compensates for the emotional and psychological effects of living with visible scars or disfigurement, as well as any impact on your self-esteem or personal life.
Scarring can occur in accidents such as burn injuries, car crashes, or traumatic injuries, and can significantly affect an individual’s quality of life. The severity of the disfigurement and its impact on your daily life will influence the amount of compensation you may receive.
Conclusion
Recovering damages in a personal injury claim can involve multiple types of compensation. The amount of compensation you’re entitled to will depend on various factors, including the severity of your injuries, the long-term impact on your life, and the degree of fault. If you’ve been injured and are wondering about the damages you may be eligible to recover, contact Williams DeLoatche, P.C. today at (757) 547-5555 for a consultation.