Throughout my career as a personal injury attorney, I’ve witnessed the confusion and uncertainty clients experience when trying to understand the compensation to which they might be entitled after an injury. It’s crucial to grasp the different types of compensation available in personal injury cases, as it helps set realistic expectations and ensures victims receive the full extent of the damages they deserve. In this blog, I’ll break down the types of compensation typically awarded in personal injury cases, explaining each in detail to provide clarity and insight.

Economic Damages: Covering Tangible Losses

Economic damages, often referred to as special damages, are straightforward—they cover financial losses with direct monetary value. These include:

• Medical expenses: This covers everything from emergency room visits and hospital stays to physical therapy and long-term care. Future medical expenses can also be estimated and included if ongoing treatment is required.
• Lost wages: If an injury prevents you from working, you can claim compensation for the wages lost during this period. If the injury affects your future earning potential, you can seek compensation for the loss of earning capacity.
• Property damage: If personal property was damaged as a result of the accident that led to the injury, the cost of repair or replacement can be included in the claim.

Non-Economic Damages: Compensating the Intangible

Non-economic damages, also known as general damages, relate to the non-monetary aspects of harm suffered due to an injury. These are often subjective and can vary significantly from case to case:

• Pain and suffering: This includes compensation for the physical pain and emotional distress caused by the injury. Calculating this type of damage often requires a thorough understanding of the severity and longevity of the pain caused by the accident.
• Emotional distress: Separate from pain and suffering, this covers psychological impacts such as anxiety, depression, and loss of sleep resulting from the incident.
• Loss of enjoyment of life: If the injuries prevent you from enjoying day-to-day activities or hobbies that were part of your life before the accident, you may be eligible for compensation.
• Loss of consortium: This compensation is granted to the spouse or family of someone who has been injured, covering loss of companionship or the ability to maintain a sexual relationship.

Punitive Damages: Punishing and Deterring Wrongful Conduct

Punitive damages are not awarded in every personal injury case. They are designed to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. If the defendant’s actions that caused the injury were malicious or demonstrated a reckless disregard for the safety of others, the court might award punitive damages. These are not tied to the type of harm suffered by the plaintiff but rather to the nature of the defendant’s behavior.

Calculating Compensation: The Role of an Experienced Attorney

Determining the appropriate amount of compensation involves a complex evaluation of the facts surrounding the case, the available evidence, and the applicable legal precedents. As an experienced personal injury attorney, part of my role is to ensure that every potential area of compensation is explored so my clients receive the fullest possible recovery for their losses.