Types of Damages in Personal Injury Claims: A Comprehensive Guide to Compensation After an Accident

It’s important to know the types of damages that you can seek if you are injured due to negligence. Personal injury damages aim to compensate victims and help them recover after an accident. This article will explain the types of damages that are available for personal injury claims. It will also describe how they’re calculated and what factors can affect the amount awarded.

1. Medical Expenses

Medical expenses are one of the most important types of damages that can be awarded in a personal injury claim. Medical expenses include:

• Emergency Room Visits – Initial treatment provided immediately following an accident.
• Hospital Costs: Inpatient costs.
• Surgeries: Costs of any surgery required to treat the injury.
• Regular doctor visits: regular check-ups and consults with healthcare professionals.
• Medication is the prescription drugs and other medication needed to recover.
• Rehabilitation: Physical therapy and occupational therapy are two types of rehabilitation.
• Assistive Devices – Crutches and wheelchairs as well as other medical equipment.

Keep detailed records of medical bills, receipts and other documents to calculate your medical costs. If you need to continue treatment, future medical costs can be added.

2. Lost Wages

You may be entitled for compensation if an injury prevents your from working. You may be entitled to compensation for lost wages if you are unable to work due an injury.

• Past lost wages: Income from the date of injury to the conclusion of the claim.
• Future Wages Lost: Income that could be lost in the future if an injury causes long-term disability, or a diminished earning capability.

To calculate lost wages, you will need to provide pay stubs and tax returns as well as a letter verifying the income and absence from work. Expert testimony may be needed to determine the impact of future lost wages on your earning potential.

3. Pain and Suffering

The pain and suffering damages are intended to compensate the emotional and physical distress that is caused by an injury. They are not economic damages and therefore do not have an exact monetary value. The following factors are considered when calculating pain and suffer:

• The severity of the injury: Severe injuries are often rewarded with higher awards for pain and suffering.
• Duration of Recovery: A longer recovery period can increase the amount.
• The impact of the injury on daily activities, hobbies and overall enjoyment of living.

There are several ways to calculate damages for pain and suffering, including the multiplier method. This involves multiplying the actual damages by a specific number or using the per-diem method.

4. Emotional Distress

These damages cover psychological effects such as depression, anxiety and PTSD. These are non-economic damages that can be difficult to quantify, just like pain and suffering. Evidence such as records of mental health treatment and expert testimony by psychologists or psychiatrists can be used to support a claim.

5. Loss of Consortium

Loss of Consortium refers to how the injury affects the victim’s relationship or marriage with his/her spouse or family. Loss of affection, sexual relations, or companionship can be included. These damages are usually awarded to the spouses or family members who were injured. The amount of damages is based on both the length of time that the injury has affected the relationship as well as the severity of its effects.

6. Property Damage

You can seek compensation if the accident caused damage to your personal property. For example, if you were involved in a car crash, and the car was damaged, then you may be entitled to compensation for repairs or replacements. In order to prove property damage, you must provide proof of both the value and cost of the damaged property.

7. Punitive Damages

Punitive damages can be awarded as well as compensatory damages in some cases. Punitive damages aim to punish a defendant for egregious conduct and discourage similar behavior in the future. They are not available for all personal injury claims and are usually awarded only when the defendant’s behavior was particularly reckless or malicious.

Factors Influencing Compensation Amounts

The amount of compensation that is awarded for a personal injury claim can be affected by several factors:

• The amount of compensation may be reduced if the injured party was found to have a partial fault in the accident.
• Injury severity: In general, more severe injuries result in higher compensation due to increased medical costs, lost wages and pain and discomfort.
• Evidence: A claim can be significantly affected by strong evidence such as medical records, expert testimony and witness statements.
• Insurance Policy Limits: The insurance policy limits can limit the compensation amount.
• Jurisdiction: Different state laws and damage caps can have an impact on the compensation amount.

It is important to understand the different types of damages that are available when filing a personal injury claim. Personal injury settlements can include medical expenses, lost wages and income, emotional distress, pain and discomfort, loss of consortium and punitive damage. In some cases, expert witness testimony is required to calculate these damages. Injured parties can navigate the complexity of personal injury claims by considering the factors that affect compensation amounts.

This article was written by a Bonardi & Uzdavinis professional. Bonardi & Uzdavinis offers a full range of legal services to its clients. Real estate, probate and personal injury are our primary practice areas. Contact us for a free case evaluation if you need a personal injury or real estate attorney in Tampa Bay.