Damages in a personal injury case refer to the compensation an injured party can claim from the liable party. Because every personal injury case is unique, the damages that are available vary from case to case. To recover the full amount of compensation to which you are entitled, it is critical that you identify all of the damages that apply to your case.
At Rand Spear, we have been helping injury victims recover fair compensation from those responsible for their losses for years. We know exactly what to look for when attempting to identify all of the damages available to you and can help you collect all the money you are entitled to. Contact us today to schedule a free case evaluation.
There are three main categories into which all damages can be divided. The first is economic damages. Economic damages cover any loss suffered by the accident victim that directly impacted their finances. Some of the most commonly available economic damages in a personal injury case include:
- Medical expenses
- Lost income
- Property damage
- Expenses to accommodate a disability
Medical expenses include all of the medical bills resulting from your injury. These expenses cover everything from treatment to medication to physical therapy to help you in the recovery process. Medical costs cover not only the current bills you have already received but future medical expenses you are likely to accrue because of your injury as well.
Medical expenses are not limited to physical injuries. You can also recover compensation for therapy if your accident has caused mental or emotional trauma.
Lost income includes any money you failed to earn due to missing work because of your injury. The damages covered by lost income can significantly increase if you suffered an injury that will prevent you from returning to your old job. Whether unable to work entirely or restricted in the work you can perform, you can recover compensation for lost earning ability.
You can also recover compensation for any personal property damaged in the accident that caused your injuries. Property damage can include harm done to a car, bike, phone, or a variety of other belongings.
Expenses to Accommodate a Disability
Whether dealing with a permanent or a temporary disability, you may be eligible to recover damages for costs arising from your injury. These expenses can include necessary modifications to your home or vehicle to make them more accessible.
Additionally, you could recover compensation to pay another party to help you with daily tasks that you can no longer complete on your own.
Any losses you suffered that are not covered by economic damages fall into this category. Non-economic damages can be wide-ranging. However, one thing that most non-economic damages have in common is that they tend to have a profound and personal impact on the injury victim.
Because non-economic damages cover significant losses that can not be replaced, the money awarded for economic damages typically makes up the largest portion of the compensation you can recover. Some of the most commonly available non-economic damages in a personal injury case include:
- Pain and suffering
- Loss of consortium
- Loss of society and companionship
- Diminished quality of life
Pain and Suffering
Pain and suffering damages are not limited to the physical pain you feel after an injury. Instead, these damages also cover mental and emotional scarring caused by your accident. You can recover compensation for pain and suffering for any short or long-term physical, mental, or emotional distress resulting from your accident.
Loss of Consortium
Loss of consortium damages are awarded if an injury prevents the accident victim from maintaining their normal marital relations with their spouse. Whether due to a physical injury or mental trauma, any damage caused by the accident that interferes with the standard marital affairs of a couple can result in loss of consortium damages.
Loss of Society and Companionship
Loss of society and companionship damages are awarded when, because of an accident victim’s injuries or death, they are no longer able to enjoy activities with their loved ones and share their love, comfort, affection, and attention in the way they once did.
Whether these traits are completely lost due to a wrongful death or if referring to more specific activities like no longer being able to go for a walk with a loved one due to a disability, these damages can apply.
Diminished Quality of Life
Any results of your accident that affect your quality of life can qualify for these damages. Whether you are unable to play a sport you used to enjoy because of a permanent disability or can no longer travel by car because of emotional trauma caused by your accident, these damages may be available.
All the damages reviewed so far have been focused on compensating the accident victim for the losses they incurred. However, there is another type of damages you might be able to claim after suffering an injury. Punitive damages are awarded to punish the liable party for the role they played in causing the injury.
However, it is critical to note that punitive damages do not apply in most personal injury cases. These damages are reserved for extreme cases in which the liable party deliberately caused harm to another party or if they were egregiously negligent in their actions or inaction.
Recover the Damages You Need With the Help of an Experienced Personal Injury Lawyer
The best way to ensure you identify and recover all the damages you are eligible to pursue is by hiring an experienced personal injury attorney. At Rand Spear, we understand the challenges that can arise after an injury and will work diligently to ensure you recover the compensation you need and deserve.
Reach out to us today by phone or through the contact form on this site and schedule a free case review with a member of our legal team.