Personal Injury Lawyer

06/05/2023

What Damages Are Available In A Personal Injury Case?

In a personal injury case, damages refer to the monetary compensation awarded to the injured party for the losses and harm they have suffered due to the negligent or intentional actions of another party. The types of damages available in a personal injury case can vary depending on the jurisdiction and the specific circumstances of the case. The following are some common types of damages that may be pursued in a personal injury claim.

Compensatory Damages

These damages aim to compensate the injured party for the actual losses they have incurred. Compensatory damages can be further divided into two categories:

Economic Damages: These damages cover tangible financial losses, such as medical expenses, property damage, lost wages, and future medical costs or lost earning capacity. The goal is to restore the injured party to the financial position they would have been in had the injury not occurred.

Non-economic Damages: These damages address intangible losses that are not easily quantifiable, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (loss of companionship or support). These damages aim to compensate for the physical and emotional impact of the injury.

Punitive Damages

In certain cases involving particularly egregious behavior or intentional misconduct, punitive damages may be awarded. Punitive damages go beyond compensating the injured party and are meant to punish the at-fault party and deter others from engaging in similar behavior. However, punitive damages are not available in all jurisdictions and are subject to specific legal standards.

​Wrongful Death Damages

In cases where a person’s negligence or intentional actions result in the death of another, wrongful death damages may be sought by the surviving family members. These damages can include compensation for funeral and burial expenses, medical bills, loss of financial support, loss of companionship, and emotional distress.

Loss of Consortium

This type of damage is specific to the spouse or family member of an injured person. Loss of consortium refers to the loss of companionship, affection, and the ability to have a normal marital or familial relationship due to the injury.

Property Damage

If the injury resulted in damage to the plaintiff’s property, such as a car accident damaging their vehicle, the injured party may seek compensation for the cost of repairs or the fair market value of the damaged property.

It is important to note that the availability and extent of damages can vary based on the jurisdiction, specific laws, and individual circumstances of the case. Additionally, there may be limits or caps on certain types of damages depending on the jurisdiction.

To pursue damages in a personal injury case, it is advisable to consult with an experienced personal injury lawyer. They can assess the specific details of the case, gather evidence, calculate damages, and advocate on behalf of the injured party to seek fair compensation for their losses.

Thanks to our friends at Davis, Johnson & Kallal for their insight into personal injury law.

MORE ARTICLES FROM DJK