What Damages Can Be Recovered in a Personal Injury Lawsuit? | Big Easy Accident Attorney
1 Jun

What Damages Can Be Recovered in a Personal Injury Lawsuit?

If you have sustained injuries due to someone else’s negligence, you may be entitled to compensation. But what damages can be recovered in a personal injury lawsuit?

Personal injury lawsuits can arise from various situations, including car accidents, slip and fall incidents, medical malpractice, and more. The main goal of a personal injury lawsuit is to seek compensation for the damages caused by the negligent party. However, not all damages are treated equally under the law.

If you are considering filing a personal injury lawsuit, it’s essential to understand what damages you can recover. Recoverable damages would depend on the type, severity, and impact of your injuries. In this article, we will discuss the various damages that can be recovered in a personal injury lawsuit and what you need to know to maximize your compensation.

Understanding Recoverable Damages in Personal Injury Cases

Personal injury cases involve damages caused by an accident or incident that was not the victim’s fault. Recoverable damages in personal injury cases refer to the financial compensation that a victim can claim to cover the expenses associated with their injury or loss.

These damages may include medical bills, lost wages, property damage, and pain and suffering. It is important to understand the different types of damages that can be claimed in a personal injury case and the factors that can affect the amount of compensation that a victim may receive.

A skilled personal injury attorney can help victims navigate the legal process and fight for the compensation they deserve.

Compensatory Damages

Personal Injury in New Orleans - Big Easy Accident AttorneyIf you have been injured in an accident that wasn’t your fault, you may be eligible to file a personal injury lawsuit. One aspect of a personal injury lawsuit is compensatory damages. In this article, we will discuss what compensatory damages are and how they are determined in a personal injury lawsuit.

Compensatory damages are a type of damages awarded to a plaintiff in a personal injury lawsuit. These damages are meant to compensate the victim for the losses and expenses they have suffered as a result of the accident and injuries. Compensatory damages can be awarded for both economic and non-economic losses.

Economic Damages

Economic damages are a type of compensatory damages that cover actual financial losses that the victim has incurred as a result of the accident. These damages are meant to compensate the victim for financial expenses related to their medical bills, rehabilitation costs, property loss, and lost wages.

Non-Economic Damages

Non-economic damages are a type of compensatory damages that compensate the victim for losses that are not financial in nature. These damages are awarded for things like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

How Are Compensatory Damages Determined?

To determine the amount of compensatory damages to award in a personal injury lawsuit, several factors are taken into consideration. These factors can include the severity of the injuries, the cost of medical treatment, the impact the injuries have had on the victim’s quality of life, and the extent of the victim’s pain and suffering.

In most cases, the amount of economic damages is relatively easy to determine. The victim can provide documentation of their expenses, such as medical bills and lost wages. Non-economic damages, on the other hand, can be more difficult to calculate. In many cases, non-economic damages are calculated based on the severity of the injuries and the impact they have had on the victim’s life.

Special Damages

Special damages are monetary losses that can be specifically quantified and are a result of a personal injury or accident. These damages can include lost wages, medical expenses, and property damage. Unlike other types of damages, such as general damages (which cover pain and suffering), special damages are easier to calculate and generally have a fixed value.

Lost Wages

If you have been injured in an accident and are unable to work, you may be entitled to lost wages. Lost wages refer to the income you would have earned had the accident not occurred. This may include not only wages but also any bonuses or benefits you would have received. It is important to keep accurate records of missed work days and any other related financial losses.

Medical Expenses

Medical expenses are a common type of special damages in personal injury lawsuits. This may include costs for hospitalization, surgeries, medications, physical therapy, and other necessary medical treatments. You should keep all receipts and medical bills as proof of expenses related to the injury.

Property Damage

If your property was damaged as a result of the accident, you may be entitled to compensation for the repair or replacement of the damaged property. This can include your car, home, or any other personal property that was affected by the incident.

How to Prove Special Damages

In a personal injury claim, you will need to provide proof of all special damages claimed. This may include medical bills, receipts, pay stubs, and other financial documentation. It is important to keep all records related to the incident and to consult with an experienced personal injury attorney who can help gather the necessary evidence and build a strong case.

General Damages

General damages refer to the non-economic losses that the plaintiff can suffer as a result of their injury. These types of damages are harder to quantify than special damages because they are more subjective and do not have a specific dollar amount tied to them. Examples of general damages include:

1. Pain and suffering

Personal Injury AttorneyThis includes any physical or emotional distress that the plaintiff has endured as a result of their injury. This can include physical pain, anxiety, depression, or a reduced quality of life.

2. Mental Anguish

Mental anguish may be the result of any traumatic or distressful event such as a car accident and the pain and suffering that results from that event can leave a lasting impact on a person.

3. Loss of Consortium

This term is used to describe the loss of companionship and intimacy that the plaintiff has suffered as a result of their injury. This applies in particular close relationships such as spouses.

4. Emotional Distress and Mental Health

This may be psychological damage a person experiences due to the accident and it may require professional treatment and long-term care.

5. Loss of Enjoyment of Life

If an injury prevents a person from doing hobbies or activities they enjoy, they are often entitled to compensation for their loss of enjoyment in life.

Punitive Damages

In personal injury lawsuits, punitive damages can be awarded to the plaintiff in addition to compensatory damages. Punitive damages are meant to punish the defendant for their behavior and deter similar conduct in the future.

These damages are typically awarded in cases where the defendant’s actions were deemed intentional, grossly negligent, or reckless, resulting in harm to the plaintiff.

Punitive damages serve as a way to hold the defendant accountable for their actions and ensure that they are discouraged from engaging in similar reprehensible behavior in the future.

Consult With a Personal Injury Attorney to Maximize Compensation for Various Damages Recoverable in Personal Injury Lawsuits

Getting involved in a personal injury lawsuit can be a stressful experience, but with the help of a skilled personal injury attorney, you can maximize the compensation you receive for the damages you have suffered.

There are various types of damages that can be recovered in a personal injury case, including medical expenses, lost wages, pain and suffering, and more. A personal injury attorney will work with you to evaluate your case, gather evidence, negotiate with insurance companies and other parties, and fight for your rights in court if necessary.

By working with a knowledgeable personal injury attorney, you can increase your chances of obtaining a favorable outcome in your case and obtaining the compensation you deserve. Contact us today!

Free Consultation