If you’ve suffered an injury and decided to pursue a personal injury lawsuit, you might not know where to start. As you prepare for your case, you might be wondering if the outcome will lead to your medical bills and loss of wages being covered and whether you’re likely to win your case. To get started with your injury lawsuit, you should first understand the type of damages covered under the law. Then you’ll be able to decide which type your own injury falls under and work with a professional to get the case underway. Here are the three types of damages in personal injury cases.
In personal injury cases, general damages include those that don’t come with a monetary loss. For example, emotional distress and pain and suffering are two common types of general damages that don’t necessarily have an economic cost. As such, the amount offered is difficult to calculate. However, it usually depends on the severity of the event. Occasionally, expert mental health witnesses may be called to attest to how the plaintiff was emotionally or mentally affected by the event.
Juries are more likely to award general damages in cases with more substantial evidence of distress or trauma.
Special damages are those that incur a monetary loss. Also called economic damages, these include several types of loss:
- Loss of wages. If your injury caused you to lose work for a time, you could be entitled to repayment of those wages.
- Medical expenses. Anything from inpatient stays to surgeries to medication should be covered if you win your case.
- Property damage. Suppose your case includes damage to property, like a car or home. In that case, the settlement should include enough to repair or replace what is damaged.
These are just some of the special damages, but any quantifiable proof of economic loss should be included in your case. The goal of the settlement is to negate any losses and return the plaintiff to their financial situation before the event occurred.
Punitive measures are ones meant to punish the offender, such as jail time or fees. For example, in a personal injury case, punitive damages are intended to punish the defendant for negligence or behavior that initiated the event and caused the plaintiff injury. Additionally, punitive damages should work to deter the plaintiff from continuing that type of behavior in the future.
In general, punitive damages are awarded at no more than twice the compensatory damages (General and Specific Damages). Depending on the other damages, this could be incredibly costly for the plaintiff.
If you need help with your personal injury case, let Wayne Resmini help you out. These legal experts will help you understand your case and get the best possible settlement offer. Give Wayne a call today!