You can go to court to claim compensation for being injured in an accident that was a result of someone else’s fault. The compensation may cover a wide range of damages, including lost wages, medical expenses, and rehabilitation costs. Besides that, you can claim for intangible losses, such as pain and suffering, emotional distress, and loss of companionship.
The damages are categorized into three groups: punitive, special, and general damages. General and special damages are often referred to as compensatory, meaning they aim to compensate the victim for their losses.
Keep reading to learn more about these damages and how they can affect your personal injury case.
What Are Compensatory Damages?
Compensatory damages refer to the money awarded to an injured person to compensate for the losses they incurred in an accident. They’re meant to replace what was lost in the accident and return the victim to their pre-accident status.
Compensatory damages are divided into two categories: general damages and special damages. Here is a detailed explanation of each of them:
Special Damages
Special damages are losses that can be quantified. They’re also referred to as monetary or economic damages since they have a specific monetary value. Most personal injury claims seek compensation for these types of losses. They directly correspond to the losses incurred in an accident and are, hence, unique for each case. They’re easy to calculate and prove using receipts or invoices.
To calculate special damages, your insurer will carry out a comprehensive assessment of all the tangible losses you incurred in the accident. You might need to present evidence that proves the extent of your losses. In some cases, an expert witness might be called upon to testify about the extent of your losses.
Examples of special damages in a personal injury claim include:
- Rehabilitation costs: These are the expenses you incur when undergoing rehabilitation after a traumatic injury. It could be the money you use for occupational therapy, physical therapy, cognitive therapy, speech therapy, or any other rehabilitation necessary for recovery.
- Medical bills: Medical bills are a main concern for most accident victims. They can include expenses for visits to the doctor, surgeries, emergency medical services, and extended hospital stays.
- Lost wages: You might not be able to get back to work immediately after an accident. In this case, you will be compensated for the income that you would have made if you were working. Make sure to track the number of work hours you miss, and ask for a letter from your employer to back up your claims.
- Lost earning capacity: Serious injuries can change your life permanently, making you unable to work. You can seek compensation for lost earning capacity if you can’t go to work at all or if you need to downgrade to a low-paying profession. For instance, if a highly-paid plumber suffers serious back injuries, they may be forced to quit their job and look for another job that doesn’t require them to be on their feet. This may mean settling for a lower-paying job.
- Property damage: You can seek compensation if your property gets damaged due to someone else’s negligence. For instance, if your car gets damaged in an accident, you will be reimbursed for repair or replacement costs.
- Out-of-pocket expenses: Out-of-pocket expenses are what you incur as a result of the injury. This could include transportation costs to the hospital or the cost of performing home modifications to accommodate disability needs.
General Damages
General damages are losses that can’t be quantified. They are meant to compensate you for the emotional, physical, and mental burden of being involved in an accident. Since these damages are intangible, subjective, and have no associated receipts or invoices, they’re much harder to calculate than special damages.
Common examples of general damages in a personal injury case include:
- Emotional Distress: Emotional distress generally refers to the emotional suffering, anxiety, and depression resulting from an injury. Due to the vague nature of emotional distress, a licensed medical professional must show evidence of how the accident caused you suffering.
- Pain and suffering: Being in pain can reduce your quality of life to a large extent. You have a right to get compensated for having to go through this experience. The amount of compensation you’ll get depends on the severity of the injuries. For instance, if you suffer a permanent disability, your damages may be higher than someone who gets depression after the accident.
- Loss of consortium: You are entitled to compensation if you lose a loved one in an accident. You can also claim damages if your partner is severely injured and can no longer play their role in your relationship.
- Loss of enjoyment of life: If the injury affects your ability to enjoy your hobbies, you should be compensated for the loss.
What Are Punitive Damages?
Unlike general and special damages, punitive damages aren’t meant to compensate for any losses. They are awarded to punish the defendant for their reckless or negligent behaviour that resulted in an injury. It’s important to note that most personal injury lawsuits don’t award punitive damages. They are typically reserved for cases where the defendant acted outrageously.
In determining the amount of punitive charges to award, the court will consider factors like harm caused by the defendant’s actions and the defendant’s wealth. While punitive charges are meant to punish the defendant, they should be proportional to the damage caused to the plaintiff.
Punitive damages may be awarded where the defendant is involved in:
- Fraud: You can claim punitive damages if you are intentionally deceived by another party. For instance, a judge may decide to award punitive damages if a pharmaceutical company knowingly sells defective drugs, causing harm to the users.
- Gross negligence: A judge may award punitive damages if a defendant acted carelessly, putting other people in danger. An example is a drunk driver causing an accident.
- Defamation: It’s awarded if the defendant spreads false information tarnishing the plaintiff’s reputation.
Get Compensated Rightfully After an Accident
You may be entitled to compensation if you get injured in an accident caused by someone else’s negligence. Some of the most common types of damages you can claim include general, special, and punitive damages. General and special damages are meant to compensate you for the losses you incurred in the accident. Punitive damages, on the other hand, are intended to punish the defendant for their reckless behaviour.
Given the varying nature of these damages, you should consult an experienced attorney to help you assess and argue a fair amount of the damages. It’s important to note that no two cases are similar. Therefore, the damages will be calculated according to the specific circumstances of your case.