Common Damages in Personal Injury Claims: What You Need to Know
Most of us hope that we’ll never be in the position of having to file a personal injury claim, but if you ever find yourself in that situation, you’ll want to understand the common damages that could be included in that claim. When it comes to personal injury cases, there are a variety of factors that can determine the kind of damages that a person can seek from a defendant. Awareness is key when it comes to filing a personal injury claim, so you’ll want to make sure you know what damages you might qualify for and how to pursue them. Read on to learn more about the common damages associated with personal injury cases and what you need to know before making your claim.
Quick Overview of Key Points
Common damages awarded in personal injury claims typically include medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. Additionally, punitive damages might also be awarded in cases of gross negligence.
Types of Damages in Personal Injury Claims
When it comes to damages in a personal injury case, victims are often able to seek both financial and non-financial compensation for any harm they have faced. Types of damages in the context of personal injury claims can be broken down into two main categories: compensatory damages and punitive damages.
Compensatory damages make up the bulk of personal injury claims and are meant to compensate an injured party for any type of losses they may have endured, either financially or emotionally, due to an accident or another type of incident. Economic or out-of-pocket losses typically include medical expenses, lost wages, physical therapy costs, and any other financial losses due to being injured in the incident. Emotional losses, on the other hand, refer more to noneconomic losses such as pain and suffering, diminished quality of life, mental distress, loss of companionship and consortium, property damage from the accident, or loss of reputation.
While compensatory damages are typically awarded based on facts alone, awards for punitive damages appeal to a jury’s emotions when deciding if and how much money should be awarded to the plaintiff. Punitive damages go beyond compensating the victim for their injuries by punishing the wrongdoer with a high penalty that’s usually way over what would actually make up for the loss incurred by the plaintiff. This form of retribution has become increasingly controversial because courts have grown more conservative with awarding these protections; however, that doesn’t mean they are impossible to receive in certain cases.
Due to their ambiguity and highly subjective nature, arguments made in favor and against punitive damage awards vary greatly depending on which side you’re taking. On one side is the argument that offenders need some kind of purposeful punishment that encourages public safety—extensive fines create economic incentives not to act recklessly so as not to be liable for a huge fine later down the line. Supporters also claim that punitive damages can help set legal precedent as well as deter similar future offenses from occurring since lawyers document these cases for future reference. On the other hand is the argument that these types of fines can be highly arbitrary between trials as well as limit access to justice for smaller companies since wealthy defendants can easily absorb bigger punishment without feeling major financial pain.
Now that we understand more about the types of damages available in personal injury claims—compensatory and punitive—it’s important to look at how each kind affects an individual award amount. In the next section we will discuss compensatory and punitive damages separately in greater detail while exploring what each form entails and why they are called into consideration.
Compensatory and Punitive Damages
Compensatory and punitive damages both serve different purposes within a personal injury claim, though they do share the commonality of one goal: awarding monetary claims to the plaintiff in an effort to preserve the justice of any given situation.
Compensatory damages refer to the specific losses incurred by those hurt as a result of the negligent actions of another individual or party. This can include financial loss due to medical bills, lost wages, and equally relevant non-economic damages like emotional distress or pain and suffering. Compensatory damages look at covering losses that solely resulted from the occurrence at hand and aim to return the claimant to their pre-accident state as best as possible.
Punitive damages go one step further and apply a sense of deterrence – typically only awarded when someone’s actions have been determined reckless or malicious in nature– with the intention of discouraging future malfeasance by deterring those responsible from engaging in this type of behaviour again. In other words, these damages are not meant to compensate the plaintiff but instead intended as a form of penalty for causing harm. These damages commonly impose high financial costs upon wrongdoers, meant to ensure justice is served and discourage them from behaving in such a manner again.
Overall, compensatory and punitive damages alike serve very distinct, though equally vital roles within a personal injury case. In many scenarios, both types may be awarded depending on the circumstances but only under conditions where clear evidence implicates careless or malicious behaviour from all parties involved.
Moving forward into Section 3, we explore how financial losses can play a role in personal injury cases and how they may factor into any subsequent settlements or awards.
Main Summary Points
Compensatory damages are awarded in personal injury claims to reimburse for a plaintiff’s losses (including medical bills, lost wages, emotional distress or pain and suffering) and return them to their pre-accident state. Punitive damages are imposed on wrongdoers as a penalty for their actions and to deter future malfeasance. Both types of damages can be awarded in certain cases depending on the evidence that implicates careless or malicious behaviour. The goal of compensatory and punitive damages is to ensure justice is served by awarding monetary compensation to the plaintiff. Financial losses are an important factor in personal injury settlements or awards.
Financial Losses
Financial losses in personal injury claims could entail a variety of expenses related to the need for medical care and treatment due to an injury. When those costs are not covered by insurance, plaintiffs may seek financial redress for their injury through a personal injury claim. Medical bills, lost wages due to time away from work or obstructed ability to work, and property damage should all be taken into consideration when seeking compensation.
Medical Bills: Considerable amounts of money can be spent on medical treatments, prescriptions, and hospital visits when a person is seriously injured by another. Unlike most other forms of damages, which are usually awarded as sums of money for items like lost wages and the loss of services, medical bills are often calculated on the basis of the cost of services rendered. Expert testimony or documentation must be provided by the injured party’s physician regarding the medical care associated with the injury in order to determine an accurate cost of medical treatment.
Lost Wages: Economic losses due to missed opportunities because one was incapacitated because of an injury may also come as part of a settlement package. To determine this amount accurately, proof needs to be provided such as pay stubs and tax returns that demonstrate lost earnings over a period of time affected by the injury. Working with an accountant familiar with personal injury claims can provide insight on how certain forms of income should be calculated so that individuals may receive adequate compensation for the economic losses they have incurred.
Property Damage: Property damage caused by another’s careless actions should be proportionally compensated by the responsible party. To do this, one must document costs associated with repair or replacement including photographs and receipts from parts or pieces needed to fix damaged items. It is important to distinguish between new parts and salvaged pieces and provide clear evidence for each.
The issue around financial loss in personal injury claims does not end here however, since there exists an argument about whether emotional trauma or psychological damage should also qualify as psychiatric injuries in cases where financial claims are being pursued. On one hand experts argue that non-economic losses such as emotional distress may offset other expenses for victims who suffer significant physical harm; yet some dispute that emotional suffering should not extend beyond pain and suffering since it cannot always be measured tangibly like property damage or other forms of financial reimbursement. Regardless of these issues however, determining what led to these losses financially is one essential way that plaintiffs must assess before pursuing a claim in court.
The next section will examine what is considered “lost wages” as they relate to financial losses in personal injury claims and how they warrant compensation under tort law.
Lost Wages
Lost wages is a type of common damage in personal injury claims that individuals can be compensated for if their injuries prevent them from being able to work. Depending on the severity and nature of the injury, a person may not be able to perform their normal day-to-day job duties, or may have to take time off from work. Lost wages are typically calculated by subtracting any income earned throughout the period of inability to work from what would have normally been expected to be earned throughout that time frame. Individuals may also seek compensation for any loss of earning potential due to their injury, as well as any amount typically received as reimbursements for expenses or related costs.
The courts consider a variety of factors when determining whether you are entitled to lost wages, such as your occupation and the specific circumstances of your case. In some cases, it is more difficult to argue on behalf of lost wages due to the fact that there is no clear cut agreement between an employer and employee regarding wages. The court must examine the employment agreement and make a determination as to how future wage losses should be handled. This can often lead to prolonged disputes and disagreements between parties involved.
Another factor to consider when seeking lost wages are sources outside of just income coming directly from employment, but rather, other sources such as pensions, retirement earnings and disability benefits. When calculating overall damages for all potential sources of lost wages, it is important for those seeking compensation to factor in these types of additional earnings that could potentially be impacted by an injury.
Regardless of the specifics surrounding an individual’s injured state and consequent replacement of income sources, it is ultimately up to the courts to decide whether and how an individual will be compensated for lost wages during litigation proceedings related to a personal injury claim.
When taking into consideration all types of damages related to injuries sustained from another’s negligence, it is crucial for those looking for fair compensation to include lost wages within their claim’s framework in order to ensure they are given the true value they deserve.
Now that we have discussed lost wages associated with personal injury claims, let’s now turn our attention toward another kind of common damage – one which can’t be monetarily quantified: physical pain and suffering.
- A 2017 study found that the most commonly sought types of damages for personal injury claims were for pain and suffering (87%), medical expenses (60%), lost wages/income (53%) and disability or impairment (44%).
- According to a 2019 report, 34% of all personal injury cases settled before going to trial involve motor vehicle accidents.
- A 2016 survey found that 54% of insurance companies judged the average settlement for a personal injury claim to be between $10,000 and $50,000.
Physical Pain and Suffering
Physical pain and suffering encompass any physical pain that a person experiences due to an injury. This type of suffering is included in most personal injury cases. Depending on the severity of the injury, claimants can be compensated for this type of damage depending on many factors.
One factor considered when deciding to award pain and suffering damages is the intensity and duration of the pain endured by the injured individual. If the claimant can show clear evidence that the pain was significant and lasting, then it will be easier to support a claim for physical pain and suffering.
Another factor in awarding compensation for physical pain and suffering includes how directly the injury led to disability or impairment. As long as there is medical evidence connecting an alleged injury to disability, then claimants can prove they have endured ongoing physical distress due to their specific injuries.
However, an injured party must take care to differentiate between physical pain and discomfort caused by an accident and any pre-existing conditions that may have existed before the accident occurred or contributed to the experience of pain afterwards. Courts may not consider any pre-existing conditions that could have resulted in loss or damage unless they have been made worse by a new accident or event. If a patient already had medical issues prior to enduring an injury than they may not be eligible to seek damages for them.
Difficulty with emotional distress claims has caused some attorneys to focus more attention on physical damage as it is more tangible and easier to measure especially when supported by medical documentation. Proof of past medical history often does not help claims relating to emotional distress, which is why attaining information about physical endurance are important when calculating damages related specifically to physical pain and suffering from personal injuries.
Leading into the next section, emotional distress claims can be difficult for plaintiffs because it requires proof that an individual has suffered tangible harm due to events beyond just physical injuries; next we will explore emotional distress in more detail and discuss what types of assistance you may expect when filing such a claim.
Emotional Distress
Emotional distress is a type of personal injury claim that seeks to compensate an individual for the psychological, or emotional, harm caused by another’s negligent or intentional conduct. Emotional distress claims can be particularly contentious due to the difficulty of establishing quantifiable damages and the inability to prove definitively that the defendant’s actions caused the claimant’s psychological anguish.When pursuing an emotional distress claim, it is important to establish that the defendants caused not only injury (loss of enjoyment of life, feeling of guilt as a secondary victim) but also pain and mental suffering (anxiety, depression, fear). Proving causation in cases such as these can be difficult given that emotional states are harder to measure than physical pain. In addition, emotional distress cases may involve drawing a link between behavior initiated by one person and emotional reactions by another who is unconnected to the defendant in any way other than the fact that their emotions were affected.Many states require claimants to show physical manifestations of their emotional distress in order to receive compensation. However, there is much debate over whether it is fair to require concrete proof of intangible mental trauma as part of a cause of action. While some opponents argue that this system creates unnecessary barriers in civil court proceedings, proponents maintain that allowing purely psychological damage awards presents too great a risk for fraudulent claims.These unresolved debates highlight how complex emotional distress lawsuits can be and how difficult it can be for plaintiffs to secure compensatory damages for psychological trauma related injuries.Moving forward with any personal injury claim involving emotional trauma will require working with an experienced
to get adequate legal representation and ensure all potential sources of compensation, including medical bills, are explored.
Medical Bills
Medical bills are among the most common damages sought in personal injury claims. These can include past medical bills related to injuries sustained, as well as future medical costs if an individual requires long-term treatment or care due to the injury. Medical expenses incurred due to a personal injury can be significant and could easily deplete an individual’s savings.
When determining medical expenses, it is important to keep all relevant documentation and records of any expenditures so that they may be submitted with a claim. Expenses may include doctor’s visits, hospitalizations, lab fees, medication costs, physical therapy, rehabilitation programs, home health care, durable medical equipment and other required treatments or examinations. It is a matter of jurists discretion to decide which medical expenses would qualify for a settlement or civil judgment.
Additionally, courts may also consider the amount of pain and suffering endured by an injured party when making an award judgement on medical bills. One argument against this is that there is no absolute way to assign a monetary value to non-financial losses. On the other hand, many argue that pain and suffering should not go unnoticed and should be compensated as such as it will help victims receive right form of experience with justice within the system.
No two personal injury claims are exactly same and therefore the extent of damages awarded largely relies on the facts of each case. Regardless of whether or not compensation is ultimately awarded, it is important to take all necessary steps towards recovery after being involved in an accident in order to prevent further injury or additional issues down the line.
Moving forward into the next section attorney’s fees and court costs will now be discussed, providing clarity on what legal action needs to be taken when filing a claim for personal injury damages.
Attorney’s Fees and Court Costs
In a personal injury claim, the party who is successful may be eligible to seek reimbursement of all court costs and attorney’s fees. If a settlement occurred before trial, both parties may be responsible for their own respective legal fees. However, if the case was decided by a jury or judge, this may entitle a successful plaintiff to recover all associated court costs as well as reasonable attorney fees from the defendant party. The amount awarded will take into account several things, including the time spent on the case, difficulty of preparation and research, and success of the result. Insurance policies sometimes provide coverage for the legal costs of defending personal injury claims so it is important to consult your policy carefully.
Although there are rules in place regarding attorneys fees, every state has its own laws as to how much can actually be recovered. Each individual situation is unique as well; for example, if the plaintiff rejected an offer made by the defendant but ultimately obtained more money after trial, then any potential attorney fee award might be reduced or omitted altogether. On the other hand, if a settlement was not offered piecemeal throughout litigation but instead only after the trial had already begun or revealed something important through discovery – even though such an event might deprive an injured person of a fair share – that same injured person may be able to argue they should not have their recovery reduced due to relying on an experienced attorney handling their case.
Regardless of how courts decide these issues on an individual basis, they will generally look to punitive damages (discussed below) first when it comes to awarding these costs and fees. As with any court proceeding where monetary awards are available, it is always advisable for plaintiffs to consult with an experienced personal injury lawyer prior to filing suit so any potential issue with attorney’s fees can be avoided or resolved expediently before going through a lengthy process.
With that said, it’s now time to discuss negligence and liability in personal injury claims – two issues which often go hand in hand when it comes to filing suit against another party.
Negligence and Liability in Personal Injury Claims
Negligence and liability in personal injury claims are essential elements for the plaintiff to establish. In order for a plaintiff to successfully pursue a claim for damages, they must be able to prove that the negligent act or omission of another caused them harm. Establishing negligence and liability will often require an experienced legal help with personal injury claim who can utilize evidence and testimony to demonstrate how the actions or inaction of another individual resulted in harm.
The three main elements of proving negligence in a personal injury case include demonstrating that the defendant owed some form of duty of care to the plaintiff, that this duty was breached, and that the breach directly resulted in harm. Duty of care refers to an obligation placed upon individuals under law or by their actions which encompasses behaving responsibly towards others to avoid causing harm. A breach of duty would include any kind of activity that led to injury, such as driving recklessly or failing to provide adequate security at a place of business. The plaintiff must then prove that the breach directly caused them foreseeable harm such as physical injuries, psychological trauma, or financial loss.
There is debate regarding when a plaintiff should have presumed liability for their own injuries based on their contribution to the incident leading to harm. Defendants may argue that even though there has been proof of negligence, the plaintiff was also in some way contributory due to their own behavior or inaction. This is especially relevant in situations where the risk posed was clear and manageable with reasonable effort from both parties involved. These cases tend to be highly contentious and require strong legal representation on behalf of all parties in order to determine who may be considered liable or responsible for certain damages suffered.
When establishing negligence and liability, it is important for plaintiffs to understand what needs to be demonstrated in court in order to prevail in a personal injury lawsuit and receive compensation for any resulting losses suffered. With proper legal guidance, this can be accomplished effectively while ensuring all legal rights are protected throughout the process.
Common Questions and Their Answers
Are non-economic damages typically included in personal injury awards?
Yes, non-economic damages such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life are typically included in personal injury awards. These types of damages are not easily quantifiable and are subjective. They are designed to compensate the plaintiff for the physical and emotional injuries suffered as a result of the defendant’s negligence. In some cases, punitive damages may also be awarded in addition to compensatory damages to further punish the wrongdoer and deter future negligent conduct. Ultimately, whether non-economic damages will be awarded depends on the specifics of the case and the jurisdiction.
What types of losses are typically covered by personal injury claims?
Personal injury claims typically cover a variety of losses, including economic damages (such as medical expenses, lost wages, and property damage), non-economic damages (such as pain and suffering, mental anguish, and loss of consortium), punitive damages (awarded in cases when the defendant’s behavior was particularly egregious or reckless), and occasionally even special/exemplary damages. Economic damages are payments for losses that can be proven with an exact number, such as medical bills or lost wages. Non-economic damages cover intangible sources of harm, such as emotional distress. Punitive damages are awarded to punish the defendant for their egregious behavior. Special/exemplary damages are intended to deter future wrongdoing in similar cases.
What are the components of an average personal injury settlement?
Generally speaking, the components of an average personal injury settlement will vary greatly depending on the specific details of the claim. Generally, however, a settlement will cover the costs of hospitalization, medical treatment, lost wages, and property damage caused by the injury, as well as pain and suffering, both past and future. Additionally, legal fees may also be covered by the settlement.In terms of specifics, medical bills may account for most of a settlement’s payments. Any present and future medical care needed to treat an injury is often included in a settlement. That includes doctor visits, medications, surgeries, rehabilitative treatment, at-home care or mobility devices needed because of the injury. Similarly, if an injured party was unable to work due to their injuries—or could only work fewer hours or at reduced wages—those lost wages should be included in a settlement calculation and paid out through a settlement.Lastly, an additional amount may be awarded as compensation for physical and emotional pain and suffering caused by the injury. This amount is generally on top of any other awards calculated in the settlement agreement. Though it is difficult to put an exact number on how much these damages should be worth, experienced
can help develop arguments supporting damages owed that can help maximize your recovery.
