Personal injury law is meant to compensate individuals who have been injured as a result of other people’s negligent actions. Each personal injury lawsuit starts with an attempt to prove negligence.
It is also crucial to prove causation. This is where the plaintiff or the complainant is supposed to establish that the defendant’s negligence directly caused the injury. An attorney can help establish a causal link between the defendant’s negligence and your injuries.
Finally, if you can prove the above two things, the next step is determining how much compensation you seek. Recoverable damages in a personal injury lawsuit are divided into two major categories: compensatory and punitive. As a plaintiff, you should understand the difference between the two to know if either will remedy your injury claim.
Compensatory Damages
The first type of recoverable damage is referred to as “compensatory.” Payments that fall under this category include compensation for the complainant’s losses as well as injuries suffered because of the accident. The goal of compensatory damages is to restore the plaintiff to their previous financial situation before the accident.
Under compensatory damages, there are two other sub-categories. These include economic and non-economic damages.
Economic Damages
As its name suggests, economic damages are losses with a clear financial character. Such types of damages are straightforward to calculate. They include the following:
- Income loss: This involves compensation for the wages you’ve lost together with the money you would have accumulated in the future were it not for the accident. Compensation is calculated based on the earning capacity of the victim at the time of the accident.
- Medical treatment: This includes all medical expenses associated with the accident. The total sum is determined by pharmacy receipts, doctor’s bills, and other medical costs.
- Property loss: This includes reimbursement for vehicles, clothing, or any other personal property damaged during the accident.
- Legal fees: These are expenses related to the filing of the lawsuit including travel costs, missed time at work, and lawyer fees among others.
Non-Economic Damages
On the other hand, non-economic damages are intangible injuries suffered by the victim. Contrary to economic losses, it is not easy to calculate non-economic damages since there are no invoices or receipts. Examples of compensatory damages include:
- Pain and suffering: Serious physical and emotional discomfort arising due to the accident. It also includes any future pain associated with your injuries.
- Loss of enjoyment of life: These are injuries preventing you from enjoying your daily activities and hobbies.
- Emotional distress: This entails the psychological trauma arising from an injury you suffer, like fear, loss of sleep, and anxiety.
- Disfigurement: Examples of such injuries include paralysis, brain damage, and visible scars among others. The amount of compensation is determined by the extent, nature, and duration of the injuries last.
There is no single formula for calculating non-economic damages. Many factors can go into determining the appropriate amount. This may include the victim’s nature of work, lifestyle, and pre-existing conditions. This is where you need the services of an Osage Beach personal injury lawyer. They will help you understand these types of cases and how to calculate damages.
Punitive Damages
While the objective of compensatory damages is to reimburse victims for losses suffered, punitive damages are different. Punitive damages are intended to punish defendants for their wrongful actions.
Most states limit punitive damages to intentional actions like sexual assault, aggravated battery, or fraudulent behavior that leads to widespread financial harm. Other states permit punitive damages for cases involving “gross negligence.” A defendant can be considered grossly negligent if they disregard the lives of others or their safety.
A Personal Injury Lawyer Can Help You Collect Damages
Victims can receive their compensation either through a court award or a negotiated settlement. If you have arrived at a settlement with an insurance company the financial recovery process is easy. All you will need to do is sign a release and receive your settlement check.
Leland D. Bengtson
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.
