Personal Injury Damages: What You Can Recover

Finding yourself hurt as a result of an accident is a stressful situation, but when that accident is caused by someone else, it adds another wrinkle to the equation. When harm is caused to your body, mind, or emotion by another person or entity, it is known as personal injury. Depending on the severity of the incident, you may have legal recourse you can follow.

Personal injury damages, including economic and non-economic damages, can help you become whole again after your accident. Learn everything you need to know about personal injury and the damages you may be entitled to get back on your feet as soon as possible. 

Economic Damages 

The first and most well-known category of damages associated with personal injury is economic damages. These are tangible financial losses that can be directly measured and quantified into a dollar value as a result of the accident. The point of a judge awarding economic damages is to simply compensate the victim of the accident for their financial losses. There are a wide variety of economic damages, but the most commonly seen include:

• Expenses related to medical procedures due to injuries
• Lost wages as a result of being unable to work following an accident
• Loss of earning capacity if the accident left you permanently or semi-permanently disabled
• Property damage expenses if the accident occurred on your property

Economic damages will be calculated differently depending upon the specific type. For perspective, medical expenses will come with bills that are easily collectible such as hospital stays, doctor visits, surgeries, and more. The calculation for damages such as loss of earning capacity is slightly more convoluted. Generally, this is done by taking how much money a person would have made in their future career based upon their chosen path, age, education, and prior work experience. 

With economic damages, documentation is the key to restitution. When you are going to doctor appointments, speaking with your employer, talking to insurance, or anything else, be sure to get written and tangible proof of the cost of the accident. 

Non-Economic Damages

The second common type of damages seen in a personal injury case is non-economic damages. These are specifically intangible losses that are more challenging to put a dollar value on but can still certainly be felt by the victim of the accident. While economic damages are meant to restore financial losses to a victim, non-economic damages are intended to restore intangible losses. 

There are also a variety of different types of non-economic damages, but they most often relate to:

1. Pain and suffering: This refers to the physical or emotional discomfort, typically long-term, that a person experiences due to an older injury. 
2. Emotional distress: Any psychological condition such as anxiety, depression, or PTSD resulting in harm can fall under non-economic damages. 
3. Loss of enjoyment of life: Should a person be unable to participate in activities that bring them joy or allow them to enjoy life due to their injuries, it may qualify as non-economic damage. 
4. Loss of consortium (for spouses): If the former companionship, love, or even support from an injured spouse exists no longer directly due to the accident, the other partner can sometimes successfully sue for loss of consortium. 

Naturally, non-economic damages are a little more challenging to put a dollar value on. The factors that impact restitution for this type include the severity of the injury, the current age of the victim, comparable cases attorneys can look at, how the quality of life for a person has changed, and more. 

Punitive Damages

The third category of damages we will look at regarding personal injury shifts the spotlight away from the injury party. Punitive damages are designed to punish the party that caused the accident to deter their wrongful conduct in the present and future; the goal of compensating the victim for their losses still stands.

In most cases, punitive damages will only be found in cases where a defendant’s actions are considered to be willful, malicious, and reckless. While gross negligence can sometimes be considered to be in the above category, punitive damages are most often seen in car accident cases or highly emotional cases. 

Should punitive damages be found, the impact on a case can be significantly different than the alternative. In these types of cases, settlement amounts tend to be hire, the case is often seen in the eye of the public, and there are typically legal consequences for the party that caused the accident. 

Factors Affecting the Amount of Damages 

For a true estimation of what you may be able to get in awards, consult expert personal injury attorneys for legal advice regarding your case. With that in mind, though, the below factors are some of the most common which can affect the amount you may receive:

• The severity of the injury(ies) that occurred during the accident
• The amount of medical procedures or consultations required following the incident
• Whether or not there was any property damage included in the fallout of the accident
• The financial situation of the defendant
• Whether the defendant intended to cause the accident or not 
• The amount of insurance coverage that the victim and defendant have available to them 
• Whether or not the victim is partially to blame for the accident at all or not 

When in doubt regarding whether your case qualifies as a personal injury lawsuit or not, reach out to an attorney to get their thoughts. 

Receive your just compensation today

As covered above, economic, non-economic, and punitive damages are among the three main types of damages in a personal injury case, yet each type has various sub-damage categories. By learning the ins and outs of personal injury damages, you can have a more educated discussion with your attorney when they describe what you may be entitled to. Don’t settle for living with your injuries and paying for recovery costs out-of-pocket, especially if someone else’s negligence led to your accident. Contact an accredited personal injury lawyer as soon as possible to discuss your case.