Types of Damages in a Personal Injury Claim
In a personal injury case, “damages” refers to the financial compensation that a plaintiff may be awarded by the court when they win a lawsuit.
This compensation can cover a wide range of losses, like economic losses, to non-monetary losses like pain and suffering or loss of enjoyment of life. How much and what kind of damages are awarded will depend on the nature and severity of injuries suffered by the plaintiff, as well as the laws in their local jurisdiction where the case is heard.
Types of Damages in a Personal Injury Case
There are 2 major types of damages that a plaintiff may receive in a personal injury lawsuit: Compensatory damages and Punitive damages.
Compensatory damages can be further classified under two distinct categories of damages: Special Damages and General Damages, though these two are typically bundled together as they both serve the purpose of restoring the plaintiff whole by reimbursing them for all losses that they incurred from their injury-causing event.
What are compensatory damages?
Compensatory damages are awarded to the injured party for losses suffered as a result of the injury. This form of damage will help restore the financial state of the injured person back to how it was, before they were injured.
Compensatory damages can be divided into two categories: special damages and general damages.
What are special damages?
Special damages are also known as “economic” or “monetary” damages. They are easily quantifiable damages that include items like medical bills, rehabilitation expenses, and lost income, and are intended to financially restore the plaintiff as closely as possible to their status prior to being injured.
Examples of special damages includes:
Medical Bills: These are costs related to receiving medical care after the injury,. These can include ambulance service costs, emergency room visits, stays in the hospital, consultations, medications, and the cost of surgeries.
Rehabilitation Costs: Costs for physical therapy, occupational therapy, speech therapy, cognitive therapy, or other therapeutic measures that are necessary to help the claimant recover will be included here.
Lost Wages: If the plaintiff missed work due to the injury, they can receive compensation for however much income they may have received during that time period.
Loss of Earning Capacity: If the plaintiff finds themselves unable to work for a long term or even permanently due to their injury, they can receive compensation to cover any future lost wages.
Property Damage: If personal property was damaged during the incident as well, the plaintiff can obtain reimbursement for repairing or replacing it, such as their car.
Out-of-pocket expenses: These relate to other costs that result from the injury, like transportation costs to medical appointments or modifications made to the plaintiff’s residence or vehicle to accommodate their new disability.
What are general damages?
General damages are named as such because they cover the “general” and non-specific losses of a plaintiff which cannot be counted easily. These are subjective, non-economic, or non-monetary, negative effects of an injury.
These damages are “general” as they are more subjective by nature and will likely vary greatly from case to case, thus they are awarded to help financially compensate for areas of loss that are generally experienced as a result of the injury, but whose exact financial impact cannot be calculated.
Examples of general damage include:
Pain and Suffering: This is the physical pain and discomfort that a person endures from their injury, which is often long-term or life-long.
Loss of Enjoyment of Life: This is when the plaintiff’s ability to enjoy daily activities and hobbies is affected, as their normal lifestyle cannot be recovered in the short-term.
Emotional Distress:This is the emotional or psychological effects of the injury, which may result in the plaintiff developing anxiety, depression, or even phobias and disorders like agoraphobia (fear of going outside) or post-traumatic stress disorder (PTSD).
Loss of Consortium or Companionship: This is when the injury harms the plaintiff’s relationship with their spouse or family. A common example of this is a wrongful death claim, where the incident caused the death of a family member or loved one.
Disfigurement or Physical Impairment: This is when the plaintiff experiences significant scarring or long-term physical impairment, like if they suffered a loss of limb, as a result of the injury.
What are punitive damages?
Punitive damages, also known as exemplary damages, are a kind of compensation which is not intended to simply help the plaintiff recover their status. In fact, they are meant to punish the defendant for reckless, negligent, or intentional misconduct; these damages aim to deter the defendant and others from committing similar violations in the future.
It’s important to know that not every personal injury case can receive punitive damages. Only cases where the defendant’s behavior proves to be egregiously harmful or particularly unreasonable and dangerous will see punitive damages get awarded. Different states and jurisdictions will vary in their laws and guidelines regarding punitive damages.
Courts often consider the severity of the defendant’s misconduct, how much harm the plaintiff suffered, and the defendant’s financial status to determine the amount of punitive damages. While they are intended to punish the defendant, they are intended as a tool of justice, not revenge; punitive damages must still remain proportional to the actual damages that a plaintiff has experienced.
