In a personal injury case, you have the right to seek financial restitution from the party or parties at fault. The monetary amount awarded is known as “damages” in the law. Damages can be settled out of court through negotiation or determined at trial by a judge or jury.
The two types of damages are compensatory and punitive. The purpose of compensatory damages is to make up for financial hardships brought on by an injury. Punitive damages are awarded very infrequently and are meant to deter the guilty party.
Let’s examine in more detail the potential compensation for your injuries if you file a personal injury lawsuit by personal injury lawyers in Florida.
Damages Awarded In Settlement Of A Lawsuit
Damages for compensatory losses are awarded to help offset the financial impact of an injury. There are two types of compensatory damages: those that are “special” and those that are “generic.”
Extraordinary Damages For Compensation
The purpose of special compensatory damages (sometimes known as “special damages” or “specials”) is to make up for the financial losses you incurred as a result of your injury. Some examples of these losses are:
The Cost Of Healthcare
A medical professional is nearly always needed when someone suffers an injury. It’s easy to get caught off guard by the total cost of care. The good news is that you can get compensation for the costs of treatment related to your accident. In reality, you are also entitled to compensation for projected medical costs you would spend after the case is resolved. Here are some common kinds of medical costs:
- X-rays
- Stays at the hospital
- Visits to the ER
- Treatment using physical means
- Medicinal Massage
- Surgeries
- Prescriptions
- Chiropractor
Remember that if your health insurance company pays for any of your injury-related medical expenses, it will want to be reimbursed for any compensation you receive for your injuries. The insurance company will typically file a claim against any future compensation you may receive to cover medical expenses.
Earnings Reduction
It would be best if you didn’t worry about paying for necessities like food and housing when you become hurt. As an illustration, if you broke your ankle in a vehicle accident and could not work for two weeks, the at-fault driver’s insurance company would be required to pay you the salary you would have made during that time. Equally, if your injuries prevent you from working in the future due to a disability, you should be compensated for that loss.
Damages For General Compensatory Losses
To make up for the intangible losses you’ve sustained as a result of an injury, general compensatory damages (also known as “generic damages” or “non-economic damages”) exist. It might be challenging to prove general damages. Thus, thorough documentation is essential.
General Damages Are Situation-Dependent, But Some Typical Instances Are:
Harm to One’s Body
For the reasons stated above, you should be reimbursed for your medical costs. Still, these costs don’t account for your injury’s emotional toll on you and your loved ones. Insurance providers, judges, and juries must depend on various criteria when assessing the value of your suffering and agony because of the subjective nature of physical discomfort. Examples of such elements are:
- Category of damage
- Medication classification
- Duration of healing
- Disabling the nature of the wound
A State of Mental or Emotional Strain
The mental agony or emotional misery you experience due to your accident may entitle you to financial compensation in some states. There is no easy way to put a price on mental anguish, and many states put caps on the amount of money you can get for it, just like there are for pain and suffering.
Collaborator Bereavement
Your spouse may be entitled to loss of consortium damages if you’re married. These compensations are intended to account for the fact that an injured person may be unable to keep the same emotional closeness with their partner as before the incident. Such compensation is also challenging to quantify and is typically only paid in circumstances of extreme injury or wrongful death.
Punative Damages For Punishment
Awarding punitive damages is to punish wrongdoers and deter them from repeating their wrongdoing. Therefore, punitive damages are typically only given where the defendant’s actions were very egregious. Further, punitive damages are limited by statute in the majority of states.
Conclusion
It’s possible to receive compensatory and punitive damages in a personal injury claim. Damages are intended to compensate for economic losses sustained due to an injury. It is extremely rare for a court to award punitive damages, but its purpose is to deter the offending party. While it is fair that you receive financial compensation for your medical bills, that won’t begin to cover the stress and worry you and your loved ones have had as a result of your injury. There is no simple way to put a monetary value on mental agony, yet it can be grounds for monetary compensation in some jurisdictions.
