Three Types of Compensatory Damages in a Personal Injury ClaimThey may happen when you least expect it! And when these occur, there can be significant negative implications on a person’s life, in some cases, rendering a person damaged for life.

But while your original condition may not be regained after the injury, the situation does not have to be a hopeless one. With competent legal representation, you may recover your losses in the form of compensatory damages. As an example, here are three types of compensatory damages you may receive once the other party is found liable for your injuries.

Pain and Suffering

When it is determined that your injuries meet the requirements of the law, you may be entitled compensation for pain and suffering. This will cover damages that may have resulted in the following: loss of enjoyment of life, deformity, disfigurement, physical disabilities, mental disabilities, psychological disabilities and even impairment of the ability to work.

This type of compensation is considered a non-economic loss and the head of damage is called “general damages”. So the actual compensation for pain and suffering will vary from case to case depending on the severity of the injuries, the documentation on file and the resulting impairments arising from those injuries. The amount awarded is guided by previous cases with similar types of injuries, these cases guide both the parties during the negotiations and the court during a trial.

Medical Costs

Inasmuch as most injuries may require medical attention, an injured party may be compensated for the medical expenses incurred. This may include costs for medication, medical consultations, use of medical facilities such as hospitals and clinics, and other medical-related expenses such as physical therapy or care giving services. If it is clearly shown that the injuries will continue in the future and that the injury may require medical treatment, then future medical expenses may also be awarded to the victim.

Being an economic loss or one than can be quantified, computation of the compensation will be based on the actual costs as indicated in the receipts and other documents. For future medical expenses, the injured party will be required to provide documentation showing the costs and future needs for these medical expenses on an ongoing basis.

Loss of Income

Another form of compensation that an injured party may be entitled to is compensation for loss of income and earning capacity. Once it is shown that the party will sustain a loss of income, then compensation for those losses may be sought.

© 2019 Yermus & Associates |