When you suffer an injury due to someone else's negligence or intentional actions, you may be entitled to seek compensation through a personal injury lawsuit. Such a lawsuit aims to make you whole again, as much as possible, by awarding damages for your losses.
Understanding the types of damages you can claim in a personal injury lawsuit is crucial for ensuring you receive the compensation you deserve.
1. Compensatory Damages
Compensatory damages are intended to compensate the injured party for the losses they have suffered. These damages are divided into two main categories: economic and non-economic damages.
Economic Damages
Economic damages, also known as special damages, are quantifiable monetary losses. They cover the financial costs directly related to the injury, including:
- Medical Expenses: This includes all medical costs associated with the injury, such as hospital bills, surgeries, doctor visits, prescription medications, physical therapy, and any future medical expenses.
- Lost Wages: If the injury caused you to miss work, you could claim compensation for the income lost during your recovery period. This also includes the loss of future earning capacity if the injury results in a long-term or permanent disability.
- Property Damage: If your property was damaged in the incident, such as a vehicle in a car accident, you could claim the cost of repairs or replacement.
- Out-of-Pocket Expenses: Any additional expenses directly related to the injury, such as transportation costs for medical appointments, can also be claimed.
Non-Economic Damages
Non-economic damages, also known as general damages, compensate for the non-monetary aspects of the injury. These are more subjective and can vary widely depending on the case. They include:
- Pain and Suffering: Compensation for the physical pain and discomfort endured due to the injury.
- Emotional Distress: Damages for the psychological impact of the injury, such as anxiety, depression, and trauma.
- Loss of Enjoyment of Life: If the injury has affected your ability to enjoy daily activities and hobbies, you can claim compensation for this loss.
- Loss of Consortium: If the injury has negatively impacted your relationship with your spouse, such as loss of companionship or intimacy, your spouse may be able to claim damages.
2. Punitive Damages
Punitive damages, also known as exemplary damages, are awarded in cases where the defendant's actions were particularly egregious or malicious. Unlike compensatory damages, which aim to make the plaintiff whole, punitive damages are intended to punish the defendant and deter similar behavior in the future.
These damages are not awarded in every personal injury case and are typically reserved for situations involving gross negligence or intentional harm.
3. Nominal Damages
Nominal damages are a small monetary award given when the plaintiff has not suffered any substantial loss or injury that can be quantified. These damages are symbolic and are awarded to acknowledge that the plaintiff's rights were violated, even if there was no significant harm or financial loss.
Ensure Fair Compensation: Know Your Damages in a Personal Injury Lawsuit
Understanding the types of damages available in a personal injury lawsuit is essential for ensuring you receive fair compensation for your losses. By being aware of the different types of damages, you can better navigate the legal process and work towards achieving a fair outcome in your personal injury case.
Reach out to Maring Williams Law Office today at (701) 402-6644 to learn more.