Types Of Damages A Personal Injury Victim Can Claim

Today’s topic of discussion: Types of Damages in Personal Injury Cases.

Fullerton is a lively city in California with busy streets, schools, businesses, and neighborhoods full of families.

Life here is active, and people often go about their day without thinking about accidents. But sometimes, accidents happen, and people get hurt.

And, when that happens, they may need legal help to get compensation for their injuries. But navigating the process of claiming the compensation is not a piece of cake.

That’s where a personal injury lawyer comes into play.

Especially, a Fullerton personal injury attorney can guide victims through the process and help them understand what types of damages can get the maximum compensation claim.

Moreover, knowing which types of damages in personal injury cases are compensated can help process the legality of the cases.

So, if you are also wondering, “What are these types of damages?” I have got you covered. 

That is, in this blog, I will delve into the diverse nuances of personal injury damages and the benefits of hiring an attorney.

So, keep reading to know more!

What Is Compensatory Damage In Personal Injury Cases?

Firstly, not all personal injuries can be compensated. So, knowing the ones that can be compensated is the key to receiving the highest amount for the injuries.

Now, personal injuries that impact the victim physically, financially, or emotionally are considered compensatory damages.

That is, it becomes easier to compensate the victim financially for handling the personal injury damages. Allowing victims to claim the maximum amount for their losses.

Now, compensatory damages in personal injury cases typically break down into two categories — Monetary and Non-Monetary.

That is, monetary damages include those injuries that have financially impacted the victims. For instance, car accident injuries lead to medical expenses and hospital bills.

On the other hand, non-monetary damages include those injuries that emotionally or psychologically impact the victim. So, the lawyer evaluates its monetary value and adds it to the compensation claim.

What Are The Types Of Damages In Personal Injury Cases?

In personal injury law, “damages” are the losses or problems someone suffers because of another person’s actions or negligence. 

Damages are meant to compensate, or pay back, the victim for physical, emotional, and financial harm caused by the accident.

There are several types of damages in a personal injury case that the victim may claim, depending on their situation.

1. Economic Damages

Economic damages cover financial losses that can be measured easily. These include:

• Medical Expenses: Costs for hospital visits, surgeries, therapy, medications, and medical equipment.
• Lost Wages: Money lost because the victim could not work due to the injury.
• Property Damage: Repair or replacement of items damaged in the accident, like a car.

Economic damages are usually straightforward to calculate, and documentation like bills, receipts, and pay stubs helps prove them.

2. Non-Economic Damages

Non-economic damages are harder to measure because they relate to personal suffering and emotional harm. Examples include:

• Pain and Suffering: Physical pain caused by the injury.
• Emotional Distress: Stress, anxiety, depression, or trauma caused by the accident.
• Loss of Enjoyment of Life: When injuries prevent someone from enjoying hobbies, sports, or daily activities.

Non-economic damages are more subjective, but they are just as important as economic damages in helping a victim recover.

3. Punitive Damages

Punitive damages are less common, but they may be awarded in cases where the person or company responsible acted especially carelessly or intentionally harmfully. 

Now, the goal of punitive damages is to punish the wrongdoer and prevent others from acting in the same way. So, they know where they went wrong.

Moreover, hiring an attorney to get compensation for the punitive damages can be quite beneficial. That is, 

4. Special Damages

Special damages are specific types of losses related to the accident that may not fit neatly into economic or non-economic categories. These can include:

• Future Medical Costs: Expenses for ongoing treatments, surgeries, or therapy.
• Loss of Earning Capacity: If the injury prevents someone from earning as much in the future.
• Legal Fees: Some cases allow victims to claim attorney fees and court costs.

Special damages ensure that victims are fully compensated for both current and future losses.

How To File For Personal Injury Compensation Claim?

Once you have decided whether your personal injury is compensatory or not, you can move forward with filing a compensation claim. 

But let us tell you, the process is not that simple. So, here are the steps of filing a compensation for personal injury case. Just follow them—

• Getting Medical Treatments: Firstly, you need to get medical attention for the personal injuries. That is, go to the hospital or consult a physician to check the severity of the injuries.
• Documenting Injury Details: Then, collect the documents of your injuries and the financial expenses to treat them. This will help you to strongly support your compensation claim.
• Hiring A Personal Injury Lawyer: After that, consult a personal injury lawyer to handle the case and negotiate with the insurance companies on your behalf. Making it easier to get the compensation.
• Establishing Negligence: Also, they will help you establish the negligence of the perpetrator. So, you can claim the maximum compensation amount for your losses.
• Negotiating Compensation Amount: Additionally, you can negotiate the amount of compensation. This way, you can get compensation for both your economic and non-economic damages.
• Finalizing the Amount: Finally, decide the final amount and resolve the case. This way, you can get the compensation without facing any legal complexities.

Why Should You Hire A Personal Injury Lawyer?

Personal injury cases can be complicated. Since insurance companies may try to pay less, it can be hard to get compensation for all the damages properly.

So, a personal injury attorney can:

• Investigate the accident and gather evidence.
• Calculate all economic and non-economic damages accurately.
• Negotiate with insurance companies to get fair compensation.
• Represent you in court if needed.

Moreover, having an experienced attorney improves the chance of getting the full amount. So, they can negotiate on your behalf and ensure you get maximum compensation.

Key Takeaways

• Damages are the losses a victim suffers because of someone else’s negligence.
• Economic damages cover financial losses like medical bills, lost wages, and property damage.
• Non-economic damages cover pain, emotional distress, and loss of enjoyment of life.
• Punitive damages punish particularly careless or intentional actions.
• Special damages include future medical costs, loss of earning capacity, and legal fees.
• A personal injury attorney can help calculate damages and ensure fair compensation.