Understanding the Different Types of Damages in Personal Injury Cases
Overview: Compensatory damages reimburse a victim’s financial or physical loss and the harm caused by the negligent party. But it’s important to be aware that there are multiple types of personal injury claims. Let’s take a closer look!
When you suffer an injury due to the negligence of another person, it often comes with a huge price tag. In addition to healing from physical injuries and mental trauma, victims also miss out on work and things they enjoy, leading to both financial and emotional loss.
Fortunately, our justice system allows us to seek financial compensation when we’ve experienced a personal injury. Compensation awarded to an injured party is referred to as “damages.” There are a few different types of damages that an injured party can seek.
If you or someone you love has recently been injured in an accident and suffered a financial loss or other consequences, a trusted personal injury attorney can help calculate personal injury damages and provide you with an informed estimate of what to expect.
Types of Damages in a Personal Injury Case:
There are several types of damages that may be awarded in personal injury cases, including:
Compensatory Damages:
These damages are designed to compensate the injured party for the actual financial losses that occurred as a result of the injury. This may include compensation for medical expenses, lost income, property damage, and other expenses related to the injury.
Compensatory damages are further divided into two categories: special damages and general damages.
Special Damages:
These are quantifiable losses that are easily calculated, such as medical expenses, lost income (from missing work due to being injured), and property damage. Special damages include the following:
Lost Wages: Some injuries result in putting you out of work for days, weeks, or even months. Lost wages refer to the money you would have earned from the time of the accident, had you been able to work as usual.
Generally, lost wages are calculated using the amount of money your employer pays you for the work you’re doing for them — such as a company paycheck or a direct deposit paid to you by your employer on an hourly, weekly, biweekly, or monthly basis — depending on your contract.
However, lost wages and damages are not limited to what’s on a weekly or monthly paycheck. They cover a variety of wages, including:
- Tips
- Bonuses
- Overtime
- Paid sick and vacation days
- Perks — such as gym memberships or company vehicles, etc.
Property Damage: Property damage is a type of damage that may be awarded in a personal injury case when the injury results in damage to the victim’s property. Property damage can include damage to a wide range of items, such as a vehicle, a home, or personal belongings. To recover compensation for property damage, the injured party typically must provide evidence of the damage and the cost of repairs or replacement. This may involve obtaining repair estimates, invoices, or receipts for replacement items.
However, please note that property damage claims are typically separate from claims for personal injuries, although they may be pursued together in some cases.
General Damages:
These are non-quantifiable losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
These damages are also non-economic. Whereas the process of determining special damages due is relatively straightforward — involving the exact totals of medical bills, the exact totals of missed paychecks, etc. — determining general damages is more complex.
The most common types of general damage include:
- Pain and suffering
- Emotional duress
- Loss of consortium or companionship
- Mental anguish
- Physical injury
In addition to the types of damages we’ve described so far, a personal injury case may also result in the following:
Punitive Damages:
These damages are awarded to the injured party as punishment for the defendant’s misconduct. The purpose of punitive damages is to deter the defendant and others from engaging in similar conduct in the future. These damages are relatively rare and are awarded in extreme cases where the defendant’s actions were particularly egregious.
Nominal Damages:
This is an interesting category. These damages are awarded to the injured party when the plaintiff is unable to prove that actual injury or harm has been suffered, but there has still been a violation of their legal rights. The purpose of nominal damages is to acknowledge the violation of the injured party’s rights.
Preparing to File for a Personal Injury Case
Before diving into the steps for filing, it’s important to remember that all personal injury cases are unique. Similar to the circumstances or situations that may cause an accident, the timeline of an individual injury case can vary greatly — usually depending on the severity of a victim’s injuries.
All formalities aside, there are a few universal or standard steps that you can follow.
Obtain medical care immediately: After someone has been involved in an accident and sustained an injury, they should call 911 and seek immediate medical treatment. This may consist of a visit to an emergency room or primary care clinic.
This is the best thing to do for your own well-being, but it will also help you later. Early medical records serve as evidence if a personal injury lawsuit becomes necessary later down the line.
Prepare documentation: Once a victim has received proper medical treatment, potential claimants or caretakers should consider documenting all injuries, damages, and medical treatment related to the accident. It’s helpful to collect evidence surrounding the accident’s cause and how the injuries have affected a victim’s life. Keep medical records together in one place, and take photos if necessary.
Contact a legal expert: While many small personal injury claims may settle without legal representation, personal injury lawyers will fight for a fair settlement for the injured party. Law firms often offer free initial consultations, as we do at William D. Shapiro Law, Inc. So it’s a win-win situation for you to discuss the case with a personal injury lawyer before filing.
In Summary:
If you or a loved one has been injured due to the negligence or wrongful actions of another party, you’re going to want to receive the compensation you deserve. Understanding the different types of damages you may receive is an important step in your legal journey.
For best results, it is essential to seek the assistance of a personal injury attorney as soon as possible. A personal injury attorney can help you understand your legal rights and options and ensure that your case is handled correctly. At William D. Shapiro Law, Inc., we have decades of experience serving all cities in Southern California with getting great results for our clients. Contact us if you need to help cover the costs of your injury and move forward with your life.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.