What Kind of Damages can You Recover in a Personal Injury Case?

If you have been injured due to the negligence of another party, you will need to file a personal injury case in order to determine what, if any, compensation you are entitled to. From a legal perspective, this compensation is known as damages, and can come in many different forms. Unlike what you may have seen in the movies, the courts do not simply award you one set amount based on your injuries. Instead, when filing the case, your attorney will list the different types of damages that you are entitled to. The courts will then have to look at the facts of the case and determine what damages should be awarded. To get started with this process, it is important to understand the basic kinds of damages that are available.

Special or Economic Damages

Special damages, which are often called economic damages, are going to be the costs that you have incurred due to the injury that you have experienced. These are typically the easiest to determine and tend to have the least amount of disagreement between parties. Some examples of special damages in a personal injury case can include:

·         Costs associated with ambulance transportation

·         Emergency room expenses

·         Current and ongoing expenses for healthcare

·         Surgical costs

·         Costs for medications

·         Any ongoing in-home care

·         Physical therapy

·         Lost income due to the injury

·         Loss of future potential earnings

General Damages

The next category of damages to consider are known as general damages. These are to compensate you for the non-economic damages that you incurred due to the injury. The most common examples of this type include pain and suffering damages, loss of enjoyment of life damages, and mental anguish damages. Since there is no set dollar amount associated with these items, there can be a lot of flexibility in what the courts determine that you deserve.

Punitive Damages

Most personal injury cases will involve special damages and general damages. In some situations, it can also be appropriate to receive punitive damages. Unlike the other two categories, which are intended to compensate you for the economic and non-economic issues caused by the injury, punitive damages are actually intended to punish the other party. This option is only going to be awarded in situations where the other party was intentionally malicious in their actions that caused the injury, or they can be shown to be grossly negligent.

 What are You Entitled To?

Having a good understanding of the different types of damages that you may receive in a personal injury case is an important place to start. In order to ensure you get everything you are entitled to, however, it is critical that you work with an attorney who is intimately familiar with every aspect of each of these categories. This will allow you to ask for the proper amount in your case and have a strong argument on why you are entitled to it. If you have been injured due to the negligence of another, please contact The Law Office of William C. Robinson to schedule a consultation. We will go over the details of your case and help you to determine what the next steps should be.