When someone gets injured because of another’s negligence, understanding the types of compensation available—also known as damages—is crucial. This guide will help you discover more about damages in personal injury cases, breaking them into straightforward categories.
Economic Damages
Economic or “special” damages cover tangible financial losses from an injury. These include:
- Medical Expenses: The price of ongoing treatment related to the injury, such as hospital stays, operations, prescription medications, and rehabilitation.
- Lost Wages: Money lost due to taking time off work while recovering.
- Loss of Earning Capacity: Compensation may cover the gap between past and prospective future earnings if the accident impacts one’s ability to work in the future.
- Property Damage: Fixing or replacing personal belongings that were harmed in the event, like cars in collisions.
Non-economic Damages
Non-economic damages cover intangible losses that lack a monetary equivalent. These are also known as “general damages” and cover the following topics:
- Pain and Suffering: The result of the injury, which includes both physical and psychological aspects.
- Emotional Distress: Psychological impacts like anxiety, depression, or post-traumatic stress disorder stemming from the incident.
- Loss of Enjoyment: Inability to participate in hobbies, recreational activities, or other pursuits enjoyed before the injury.
- Loss of Consortium: The injury has a detrimental impact on a person’s connections with their spouse or family.
Punitive Damages
Punitive damages may be granted by the court in situations where the defendant’s actions are determined to be highly careless or malevolent. Instead of compensating the victim, these are meant to punish the offender and discourage future instances of the same behavior. Punitive damages are not always granted depending on how severe the defendant’s conduct was.
Factors Influencing Damage Awards
In a personal injury case, several factors might affect the types and amounts of damages awarded:
- Severity of Injury: More serious injuries frequently result in more considerable compensation because there is a more significant impact on quality of life and higher medical expenses.
- Clear Liability: If it’s evident that the defendant is at fault, it may be easier to secure a favorable settlement or verdict.
- Impact on Daily Life: Consider how the injury impacts the victim’s capacity to carry out everyday tasks, work, and interact with others.
- State Laws: Different jurisdictions have varying laws regarding damage caps, comparative negligence, and statutes of limitations, all of which can affect compensation.
Victims can receive just compensation for their losses if they are aware of the various damages for personal injury claims. Economic and non-economic damages are essential to address the extent of the loss incurred entirely. Seek advice from our lawyers at Hale Law in Florida to help protect your rights. Contact us today at (800)-800-1414 to learn more.