Damages & Entitlement
In the case of a personal injury, it’s likely that you could be entitled to some form of compensation. When speaking of compensation for personal injury, the legal term is “damages.” There are a handful of different types of damages you could be entitled to after being injured due to someone else’s negligence.
Special Compensatory Damages
Special compensatory damages are those that have a monetary value. They vary from case to case because of the differences in every personal injury situation. The purpose of special compensatory damages is to make the victim whole in regards to any expenses he or she had to pay as a result of the injuries sustained. These damages cover any financial losses and could include:
- Lost wages
- Loss of future earning capacity
- Medical expenses
- Future medical expenses
- Household costs
Damages that could also fall under this category include the costs associated with the victim having to alter plans. For example, if you had a big trip planned and had already paid for everything, but now you’re unable to go due to your injuries, you could include the trip costs in your claim.
General Compensatory Damages
General compensatory damages are those that don’t hold a specific monetary value, but that you should still be compensated for. While general compensatory damages don’t fix a financial issue or make the victim whole again, this compensation addresses harm that should not have taken place. Some general compensatory damages include mental anguish, pain and suffering, loss of companionship, loss of consortium, and other similar losses and mental suffering.
Wrongful Death Damages
If you are the surviving loved one of someone who died due to negligence by another party, you could be entitled to wrongful death damages. These damages are typically awarded to the surviving family members if the case would have qualified for a personal injury claim had the victim survived. Damages can be sought for funeral and burial costs, emotional distress, pre-death medical expenses, loss of financial support, loss of consortium, and more.
When the defendant in the case is found to have acted particularly malicious or violent, the plaintiff could be awarded punitive damages. This compensation is meant as further punishment for the defendant, and also as a way to show both the defendant and the community that the particular behavior will not be tolerated. Punitive damages are often awarded in violent cases, sexual assaults, drunk driving accidents and similar incidents.
Getting Your Lawyer on the Case
In a personal injury case, there are several types of damages the plaintiff could be entitled to. To learn more, contact a personal injury lawyer from a litigation law firm to get a professional on the case.