In cases when you are injured due to the negligence of someone, the physical pain is not always the end of it. The healthcare charges begin to stack up, you might not be able to work and the emotional burden may be as heavy as the financial one.
The law in a personal injury case permits the injured to claim compensation which is the damages in order to restore them to wholeness. Knowing what damages you can claim is also a vital step that helps you to secure your rights and seek fair compensation.
Below is a comprehensive overview of the types of damages typically available in a personal injury case.
1. Economic Damages
Economic damages, sometimes referred to as “special damages,” are the tangible, measurable financial losses resulting from your injury. These are often supported by bills, receipts, and financial records.
Medical Expenses
Medical costs are often the most significant component of a personal injury claim. You may be entitled to recover compensation for:
- Emergency room visits
- Hospital stays
- Surgeries
- Physical therapy and rehabilitation
- Medical equipment (e.g., crutches, wheelchairs)
- Future medical treatment related to the injury
Importantly, damages are not limited to expenses you have already incurred. If your injury requires ongoing care or long-term treatment, you can also claim estimated future medical costs.
Lost Wages
If your injury prevents you from working, you can seek compensation for lost income. This includes:
- Wages lost during your recovery
- Overtime or bonuses you would have earned
- Sick leave or vacation time used because of the injury
Loss of future earning capacity can also be claimed in instances where there is long-term or permanent disability. As an illustration, in case of a back injury, which leaves you unable to go back to a more physically demanding job, you might be entitled to receive compensation based on the difference between your former and present earning capacity.
Property Damage
In certain personal injury cases such as car accidents. You may also recover compensation for damaged property. This typically includes repair or replacement costs for your vehicle or other personal belongings damaged in the incident.
2. Non-Economic Damages
Not all losses are financial. Non-economic damages, sometimes called “general damages,” compensate you for the intangible impact of your injuries. Although these damages are more subjective, they are no less significant.
Pain and Suffering
Pain and suffering damages address the physical pain and discomfort caused by your injuries. The severity and duration of your pain are key factors in determining the value of this claim.
For instance, a temporary sprain may result in a modest award, while a severe spinal injury requiring multiple surgeries may justify substantially higher compensation.
Emotional Distress
Serious accidents can leave lasting psychological effects, including anxiety, depression, post-traumatic stress disorder (PTSD) and sleep disturbances. Emotional distress damages recognize the mental and emotional toll of the injury.
Documentation from mental health professionals can strengthen this aspect of your claim
Loss of Enjoyment of Life
In case you cannot engage in a particular activity of enjoyment like sports so that you are injured and hence cannot do that, then you may claim this as a loss of enjoyment of life. This particularly applies in scenarios where there is permanent disability or chronic pain.
Loss of Consortium
In other instances, there can also be a claim of loss of consortium by a spouse. This is the deprivation of companionship, affection, support or intimacy due to the condition of the injured person.
3. Punitive Damages
Unlike economic and non-economic damages, which are designed to compensate the victim, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future.
Punitive damages are not awarded in every personal injury case. They are typically reserved for situations involving gross negligence, reckless conduct, or intentional harm. For example, a drunk driving accident or a case involving deliberate misconduct may justify punitive damages.
It is important to note that some states impose caps or specific standards for awarding punitive damages.
4. Wrongful Death Damages
If a personal injury results in death, surviving family members may pursue a wrongful death claim. Damages in these cases may include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of financial support
- Loss of companionship and guidance
Each state has its own laws governing who may file a wrongful death claim and what damages are available.
Factors That Affect the Value of Your Claim
The total amount of damages you may recover depends on several factors, including:
- The severity and permanence of your injuries
- The impact on your ability to work
- The clarity of liability
- Insurance policy limits
- State laws, including damage caps
- Insurance companies often attempt to minimize payouts, which is why thorough documentation and experienced legal representation are critical.
Protecting Your Right to Full Compensation
There is no case of personal injury that is the same. The damages you can recover in your case will be dependent on the facts involved in the case, the nature of your injuries, and the state law. A qualified personal injury lawyers Perth will be able to assess your case, collect the evidence needed and push as high as they can compensate you.
In case you have been hurt because of the carelessness of another person or group, it is the initial step to learn about maximum damages that you can make a claim. By consulting an expert lawyer, one will be able to make sure that no type of compensation is left out.