By Adam W. Pittman on April 3, 2024
When you’ve been wronged or suffered harm due to someone else’s actions, filing a personal injury lawsuit can be a way to seek justice and compensation. In legal terms, the compensation you may receive in a personal injury case is referred to as “damages.” It’s important to understand the different types of damages that may be available in a lawsuit.
Types of Damages
The two primary types of monetary damages in personal injury lawsuits are compensatory and punitive damages.
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Compensatory Damages
Compensatory damages are generally the most identifiable and concrete type of damages resulting from the Defendant’s misconduct. An attorney, through documents obtained during litigation, is usually able to seek a definitive amount of compensatory damages based on the injuries to a Plaintiff’s person and property. There are two main compensatory damages categories in personal injury claims—economic and non-economic damages.
Economic Damages
Economic damages, also known as special damages, are designed to compensate the plaintiff for quantifiable financial losses resulting from the defendant’s actions. These damages are generally easier to calculate and prove as they are based on actual monetary losses. Examples of economic damages include:
- Medical Expenses: This includes medical bills for the cost of medical treatment, hospitalization, medication, rehabilitation, and any future medical expenses related to the injury.
- Lost Wages: If the plaintiff is unable to work due to the injury, they can seek compensation for the income they have lost. This also includes future lost income if the plaintiff’s earning capacity is diminished.
- Property Damage: If the defendant’s actions caused damage to the plaintiff’s property, the plaintiff can seek compensation for the cost of repairing or replacing the damaged property.
- Out-of-Pocket Expenses: This includes any additional costs the plaintiff incurs due to the injury, such as transportation costs for medical appointments or the cost of hiring someone to perform household tasks the plaintiff can no longer do.
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Non-Economic Damages
Non-economic damages, also known as general damages, are subjective losses that are more difficult to quantify. These damages are intended to compensate the plaintiff for the physical, emotional, and psychological impact of the injury. Examples of non-economic damages include:
- Pain and Suffering: This refers to the physical pain and discomfort the plaintiff experiences due to the injury, as well as the emotional distress, anxiety, and depression that may result.
- Emotional Distress: This includes the psychological impact of the injury, such as fear, anxiety, sleep disturbances, and post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: If the injury prevents the plaintiff from participating in activities they once enjoyed, they can seek compensation for this loss.
- Loss of Consortium: This refers to the loss of companionship, support, and intimate relations with a spouse or partner due to the injury.
Proving non-economic damages can be more challenging than proving economic damages, as they are subjective and do not have a clear monetary value. Attorneys may rely on expert testimony, medical records, and the plaintiff’s own testimony to establish the extent of non-economic damages.
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Punitive Damages
Punitive damages, also known as exemplary damages, are a type of damages awarded to plaintiffs in addition to compensatory damages. Unlike compensatory damages, intended to compensate the plaintiff for their losses, punitive damages aim to punish the defendant for particularly egregious, malicious, or reckless behavior and deter similar conduct in the future.
To be awarded punitive damages, the plaintiff must generally prove by clear and convincing evidence that the defendant’s conduct meets the requisite level of culpability (e.g., malice, oppression, fraud, or gross negligence). This is a higher burden of proof than the “preponderance of the evidence” standard used for compensatory damages.
Punitive damages have been the subject of criticism and controversy. Some argue that punitive damages can lead to excessive awards and can be arbitrary or inconsistent. Others believe that punitive damages are necessary to hold wrongdoers accountable and to deter future misconduct.
Punitive damages can be a powerful tool to punish wrongdoers and deter future misconduct, but they are not available in all cases and may be subject to limitations. An experienced attorney can help plaintiffs understand whether punitive damages may be available in their case and can build a strong argument for their imposition.
Understanding Damages in Personal Injury Cases
It’s important to note that the types of damages available to personal injury victims can vary depending on the specific circumstances of the case and the laws of the jurisdiction where the case is being heard. An experienced personal injury attorney can help you understand the damages that may be available in your case and work to maximize your recovery.
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