In a personal injury lawsuit, the plaintiff always collects a certain amount of compensation from the defendant to cater for the injury suffered, and pain underwent through the whole process. This article will highlight for you some of the damage and their concepts that you can look for when you are filing a personal injury claim and hiring a personal injury lawyer.
The damages in a personal injury claim
This type of case usually aims to “make the plaintiff whole.” You may not understand this at the moment but will soon enough.
The types of damages that all the victims of personal injury cases experience are all never the same, each case will always be different from the other in one way or the other depending on some factors. These factors may include; the state that the injury occurred, and the circumstances of the injury.
- Compensation for all the costs incurred by the plaintiff as a result of the injury
The defendant is liable to pay for all of the costs that the plaintiff incurs as a result of the injury that the defendant caused. These include all the medical bills, nursing home stays and even therapy. These bills are usually quite expensive and are even more expensive in the cases where you find that the defendant is permanently disabled as a result of the injuries.
- Lost wages
The defendant is also liable to compensate for all the wages lost by the plaintiff during the time the plaintiff will be off work as a result of the injury that the defendant caused. The plaintiff will also be compensated for the lost days like vacations and off times that he/she missed as a result of the injuries that were caused by the plaintiff.
- Pain and suffering
Juries usually tend to award the defendants in personal injury claims a lot of compensation. Many insurance companies are usually inclined to settle any case involving a personal injury to a victim as a result of the pain and suffering claims.
- Emotional distress
Most of the times, you will realize that most of the victims of personal injuries tend to be disturbed and distressed emotionally as a result of the injuries that they incurred from the defendants. Usually, a psychiatrist will be needed to prove an emotional distress case. There is also some compensation that is usually awarded for emotional distress.
- Wrongful death
These are usually lawsuits that are filed by the family members of a victim who died as a result of the injuries that were caused by the plaintiff as a result of an intentional bad motive or negligence. There are, however, varying rules as to if the parents can sue the defendant for the wrongful death of their children.
- Loss of companionship
There is also sufficient compensation that is always awarded to a family member who has been affected by the loss of a companion or consortium as a result of a personal injury that led to their companion’s death. You will also realize that some states are very specific about the compensation that is to be awarded to a victim of loss of a consortium due to a personal injury. These victims are always awarded especially when the jury can prove that they have trouble relating to the injured person in an intimate physical relationship.
- Punitive damages
Not all states in America allow these damages compensation. But for the states that allow them, you will notice that they are not categorized like the other types of damages that have been discussed above. The compensation for these damages are usually not intended to make the plaintiff as before, but are meant to punish the defendant for the erroneous wrongful behavior that led to the defendant’s injuries.
Economic V. non-economic damages
Economic damages are those types of damages that are awarded as a result of the actual financial loss to the defendant.
Non-economic damages are the types that do not hit on the defendant’s financial status, but hit on everything else; from pain and suffering to emotional distress.