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When you are injured due to someone else’s negligence, filing a personal injury lawsuit can help you recover compensation for the losses you’ve suffered. However, not everyone is familiar with the types of damages available in such a case. Understanding these damages can help you know what compensation you may be entitled to and how it can help you on the road to recovery.
There are generally two categories of damages in personal injury lawsuits: compensatory and punitive. Below, we’ll explore each type in more detail.
1. Compensatory Damages
Compensatory damages are designed to cover the losses you have sustained as a result of your injury. These damages aim to “compensate” you for both economic and non-economic losses. Compensatory damages are further divided into two subcategories: economic damages and non-economic damages.
Economic Damages
Economic damages are the tangible, out-of-pocket expenses you have incurred due to your injury. These are usually easy to calculate, as they have a clear monetary value. Some common types of economic damages include:
Medical Expenses: This includes all current and future medical costs associated with your injury, such as hospital bills, doctor visits, surgeries, medication, rehabilitation, and assistive devices like wheelchairs or prosthetics.
Lost Wages: If your injury has caused you to miss work, you can recover compensation for lost wages. This also includes lost earning capacity if your injury prevents you from returning to your previous job or if you can no longer work at the same capacity.
Property Damage: If any personal property, such as your car, was damaged in the incident that caused your injury, you can seek compensation to repair or replace it.
Out-of-Pocket Expenses: Any other expenses related to your injury, such as transportation to medical appointments, home modifications for accessibility, or in-home care services, can be included in economic damages.
Non-Economic Damages
Non-economic damages are more subjective and don’t have a direct monetary value. They compensate you for the intangible losses you’ve experienced due to the injury, such as:
Pain and Suffering: This refers to the physical pain and emotional distress caused by your injury. Pain and suffering can include both temporary discomfort and chronic, long-term pain that affects your quality of life.
Emotional Distress: Beyond physical pain, many victims experience anxiety, depression, PTSD, or other emotional effects as a result of their injury. Compensation for emotional distress addresses these psychological impacts.
Loss of Enjoyment of Life: If your injury has caused you to lose the ability to participate in activities you once enjoyed—such as hobbies, exercise, or spending time with loved ones—you may be entitled to compensation for this loss.
Loss of Consortium: This applies to the impact an injury has on a close relationship, usually between spouses. If your injury has negatively affected your relationship with your spouse, either party may seek compensation for this loss.
2. Punitive Damages
Unlike compensatory damages, punitive damages are not awarded to compensate you for a loss. Instead, they are meant to punish the defendant for particularly reckless or malicious behavior and to deter others from engaging in similar conduct. Punitive damages are less common in personal injury cases and are only awarded in cases where the defendant’s actions were especially egregious.
Get the Full Compensation You Deserve—Contact MR.LAW Accident & Injury Attorneys Today!
Understanding the types of damages available in a personal injury lawsuit is crucial for ensuring that you receive fair compensation for your losses. Compensatory damages cover both the tangible and intangible effects of your injury, while punitive damages may apply in cases of extreme misconduct.
By working with an experienced personal injury attorney, you can ensure that all of these damages are considered in your case, helping you recover the compensation you deserve. Call us today at (469) 689-0200 to learn more.