If you have been injured in any type of personal injury case, you may wonder how you’ll be able to recover. Perhaps you sustained injuries that will last a lifetime and may be curious about how you will support yourself in your time of need. Did your injuries put you out of work? Did sheer negligence from another party cause you to lose mostly everything? Now you can find out about all the different types of compensation you may be able to recover and which one fits your case.
Special Compensatory Damages
First of all, what is a compensatory damage? These damages seek to reimburse or compensate an injured party for the harm that has been suffered. They are available in most injury cases including auto accidents, medical malpractice, and slip and falls. They can also be awarded in wrongful death cases. They are awarded directly to the injured party or plaintiff.
Special damages will make up for all monetary expenses incurred due to an injury. They are really coverage of any and all expenses or losses related to the injury at hand. There is no limit to special damage claims that are made, or to any asking amount that the injured party is claiming. Common types of special damages include loss of earnings, loss of future earnings, medical bills, cost of future medical care, household expenses, and costs associated with cancelled trips or altered plans.
General Compensatory Damages
These damages are meant to compensate an injured individual for damages that are not monetary in nature in a claim. They address harm that is “generally” sustained in a injury, and all personal injury victims are expected to have some damages to this tune. The most common types include pain and suffering, mental anguish, and loss of consortium or companionship. Pain and suffering is a big one that will be mentioned below.
Wrongful Death Damages
These damages are provided for surviving family and loved ones of a victim. The damages include funeral and burial expenses, cost of pre-death medical care, emotional distress of surviving family and loves ones, loss of financial contribution, loss of services and support, and loss of companionship and consortium.
These damages are only awarded to an injured plaintiff if a defendant indulged in reprehensible behavior. Sometimes, a defendant will be found guilty of wanton or malicious acts, and in this case, punitive damages will certainly come into play. This could include aggravated battery, sexual assault, or fraudulent behavior.
Pain and Suffering: Better Explained
You may be curious about how pain and suffering is actually calculated as it deals with general compensatory damages. Judges will simply instruct juries to use good judgment, sense, and background to place a reasonable amount on pain and suffering, since there are no charts to view to figure out what would be reasonable. There are various factors that may affect the value of pain and suffering, which could include whether the plaintiff is or will be a good or bad witness, whether the plaintiff is credible, whether the plaintiff’s physicians support the plaintiff’s claims of pain and suffering, and whether the plaintiff’s diagnosis and injuries make common sense to the jury.
A plaintiff will become entitled to damages in a personal injury claim once settlement is reached. But how is the process jumpstarted? If you have been injured in a personal injury and you believe you deserve rightful compensation for your injuries, you will want to speak to an experienced attorney. Personal injuries are not cases you want to settle on your own. Call WTW in California today for a consultation.