Did you know that accidents and unintentional injuries are the 3rd leading causes of death in the US?
Even the most skilled drivers can face inevitable events that can end up in lawsuits. In personal injury cases, the victim doesn’t only suffer from physical injuries. They can also sue for property damages, lost earnings, and inconvenience.
It’s common for the injured party to seek money as compensation from the responsible party. This is to make up for any inconveniences brought upon by the accident. Get to know more about compensation for injuries now in the article below.
Determining the Value Of Your Injury Compensation Claim
Whether you’re the victim or the person responsible, it’s crucial to understand the value of an injury compensation claim. Keep in mind that the compensation for your injuries isn’t fixed. The compensation amount always differs because not all accidents are the same.
There can be a notable range of compensation in personal injury cases. For instance, the average compensation for head injury is around $31,000.
But often, the defendant compensates the injured person with the amount that both parties agreed on during settlement. Other times, it’s the amount that’s decided in court after a trial takes place.
Need to calculate the value of your injury compensation claim? You first need to identify the type of damage as the value of your claim depends on it. Not only that, but this can also affect the court’s decision on punishing the responsible party.
Types of Compensation For Injuries You Need To Be Aware Of
In these kinds of lawsuits, personal injury claims are more likely decided within two kinds of damages. Within these two damage types are another set of categories. These are compensatory damages and punitive damages.
To avoid any mistakes, it’s best that you get an accident lawyer to guide you through them. It’ll be beneficial to know more about these attorneys because they’re well-versed in these kinds of lawsuits.
Compensatory Damages
Compensatory damages are often and should be available in most, if not all, personal injury cases. This kind of damage compensates the victim for all the costs related to the injuries they’ve gotten. Most lawsuits on personal injuries intend to help victims claim their compensatory damages.
Special Compensatory Damages
Under compensatory damages are special compensatory damages or economic damages. This kind of compensation for injury consists of calculatable, out-of-the-pocket expenditures. This means that you get compensated for your lost earnings due to the accident.
Here are some examples of economic damages.
- Medical expenses (medical bills, physical therapy, medications, doctor’s appointments)
- Increased living expenses
- Property damage, repair, or replacement
- lost earnings or loss of earning capacity both in the past and future
- Loss or damage of irreplaceable items (e.g., family heirlooms)
Economic damages can also include the expenses related to you canceling or altering your upcoming trip due to your injury. Has your injury prevented you from keeping up with your life before the incident? You can ask for financial compensations on any related losses you’re unable to refund.
General Compensatory Damages
Another sub-category under compensatory damages is the general compensatory damages. Unlike economic damages, these are the costs that aren’t calculable. These are:
- Long-term physical pain from the injury or the treatment of the said injury
- Mental and emotional distress (depression, PTSD)
- Physical disfigurement and impairment
Personal injury victims can also ask for compensation for loss of enjoyment of life. This means that they can’t take part in the activities that used to bring them joy. These can be simple pleasures like playing an instrument or a sport.
Wrongful Death Damages
Wrongful death damages are a mix of special and general compensatory damages. This sub-category is only applicable for wrongful death cases, and the victim’s surviving family can receive the claim.
Examples of this kind of damages are:
- Funeral and burial costs
- Expenses of medical care before the incidence of wrongful death
- Loss of consortium/companionship
- Loss of financial contribution
Emotional and mental distress can also fall into wrongful death damages on the side of the victim’s surviving family members.
Punitive Damages
Punitive damages aim to punish the responsible party for the harm that they’ve caused you. Punitive damages aren’t associated with any kind of injury you or your loved one has gotten.
However, these kinds of damages aren’t awarded that much by the court. Most cases often use compensatory damages to settle the lawsuits.
Punitive damages are more on punishing whoever caused injury or death. This can happen if the court sees that the total amount of compensatory damages is still not enough to acquit the responsible party.
This often happens if the person acts with malicious intent or gross negligence. This can also occur if the defendant committed a criminal act like assault or fraud. Huge financial concerns for the victim are also valid grounds for punitive damages.
Punitive damages may also apply if the responsible party is rich and affluent. Some courts award this type of damage to set an example to the said rich person or wealthy institution.
Keep in mind that punitive damages are uncommon. Claims for punitive damages may reach up to millions of dollars. Because of that, most states have set up legal limits to how much you can get awarded for punitive damages.
What You Need to Know About Injury Compensation
A lot goes into the compensation for injuries, whether you’re the victim or the responsible party. People often believe that lawsuits on personal injuries only have monetary settlements. However, that’s not always the case and even calculating the claim’s value is a different thing.
It’s important that you have a good understanding of the types of damages in personal injury cases. Aside from that, having a great accident lawyer to guide you is necessary. If you’re looking for more legal tips, check out our other blog posts.
