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Types of Damages in a Personal Injury Lawsuit

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When you're injured due to someone else's negligence, you can seek compensation through a personal injury lawsuit. Understanding the damages you can claim is crucial for ensuring you receive the full amount you're entitled to. 

Compensatory Damages

Compensatory damages are intended to compensate the injured party for the losses they have incurred due to the injury. These damages are divided into two main categories: economic and non-economic damages.

Economic Damages

Economic damages, also known as special damages, are quantifiable financial losses. They include:

  1. Medical Expenses: This includes the cost of emergency room visits, hospital stays, surgeries, medications, physical therapy, and any other medical treatments required due to the injury. Future medical expenses can also be claimed if the injury necessitates ongoing medical care.

  2. Lost Wages: If the injury causes you to miss work, you can claim compensation for the income lost during your recovery period. This includes both past lost wages and future lost earnings if the injury affects your ability to work in the future.

  3. Property Damage: If any personal property was damaged in the incident (e.g., your vehicle in a car accident), you could claim the cost of repairs or replacement.

  4. Out-of-Pocket Expenses: This includes any additional costs directly related to the injury, such as travel expenses for medical appointments, home modifications, and assistive devices like wheelchairs or crutches.

Non-Economic Damages

Non-economic or general damages are more subjective and harder to quantify. They compensate for the non-financial impact of the injury, including:

  1. Pain and Suffering: This compensates for the physical pain and discomfort you have endured due to the injury. It can also cover future pain and suffering if the injury leads to chronic pain.

  2. Emotional Distress: Emotional distress damages address the psychological impact of the injury, such as anxiety, depression, and PTSD. This is especially relevant if the injury has led to significant emotional or mental suffering.

  3. Loss of Enjoyment of Life: If the injury prevents you from participating in activities or hobbies you previously enjoyed, you can claim compensation for this loss.

  4. Loss of Consortium: This refers to the impact of the injury on your relationship with your spouse or family. It can include loss of companionship, affection, and sexual relations.

Punitive Damages

Punitive damages are awarded in cases where the defendant's behavior was particularly egregious or malicious. Unlike compensatory damages, which aim to make the victim whole, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.

These damages are not awarded in every case and typically require clear and convincing evidence of the defendant’s misconduct.

Maximize Your Compensation: Call Us Now!

Understanding the types of damages available in a personal injury lawsuit is crucial for ensuring that you receive fair compensation for your losses. Consulting with a knowledgeable personal injury attorney can help you determine the full extent of your damages and guide you through the process of pursuing a claim. 

Reach out to Simonson Goodman Platzer PC today at (800) 817-5029 to learn more.

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