Different Types of Compensation Available To a Personal Injury Claimant
- Dan T. Matrafajlo
- Mon Aug 2015
- Personal Injury,
When you are seriously injured in an accident that was caused by the reckless or negligent actions of another party, you may be entitled to compensation for your losses. However, when dealing with a catastrophic injury, it is not always easy to put a monetary value on your losses. In addition to your medical bills and loss of income, which may be easier to calculate because they are quantified by receipts, you will also need to determine losses that are more difficult to calculate, such as pain and suffering and emotional distress.
Overall, personal injury claimants are generally entitled to two categories of losses: specific damages and general damages. This article describes each type of damage in detail. In order to determine which type of damage you are entitled to and how to properly calculate your damages, it is best to consult with an experienced personal injury attorney.
Special damages, also known as economic damages, deal with quantifiable losses that can be calculated with receipts. Common examples of special damages include:
- Medical bills, including but not limited to hospitalization costs, surgery costs, ambulatory costs, medication costs, rehabilitation and therapy costs. Medical bills refer to any past and future bills that may be necessary to treat your injuries.
- Loss of wages, refer to income lost as a result of missing work to recover from the injuries that you sustained as a result of your accident.
- Property damage, including damages to your vehicle and other personal belongings during the accident.
General damages, also referred to as non-economic damages, deal with intangible losses that cannot be quantified by a receipt. Common examples of general damages include:
- Pain and suffering, which is designed to compensate you for any pain and discomfort that you have suffered as a result of your accident.
- Emotional and mental distress, refers to the emotional aspect of your pain and suffering caused by the accident, such as post traumatic stress disorder, anxiety and fear.
- Loss of enjoyment of life, which refers to any activities that you may no longer be able to enjoy or participate in as a result of the injuries you suffered from the accident. Examples include daily chores, cooking, cleaning, shopping, participation in sports, hobbies, and other such activities.
- Loss of consortium, which covers the inability to engage in and maintain an intimate relationship with your spouse or significant other.
Each personal injury claim is fact specific and results in different types of damages. In order to determine what damages you are entitled to seek from the responsible party who caused your accident, it is best to consult with an experienced attorney who specifically handles personal injury claims. With a good attorney on your side, you can be confident that you will obtain the full compensation that you deserve.