The two main types of monetary damages in personal injury lawsuits are compensatory and punitive damages. These damages cover expenses related to medical treatment, including hospital bills, surgery costs, medication expenses, rehabilitation fees, and any other health services needed due to the injury. For example, if a person is seriously injured in a car accident, their medical damages may include the cost of emergency medical care, surgeries, physical therapy, and ongoing medical treatment for long-term recovery. Terry Abeyta explains: “Medical damages encompass the past, present and future medical needs necessary for the plaintiff's recovery.
Its goal is to restore the plaintiff's ability to lead as normal a life as possible after the injury. Damages for pain and suffering compensate the injured person for the physical pain, emotional distress, and mental distress caused by the injury. These damages are subjective and can vary depending on the severity of the injury and its impact on the person's life. For example, a person who suffers chronic pain, disability, or emotional trauma as a result of a slip and fall accident can receive compensation for their pain and suffering. Lost wages and damage to income are intended to reimburse the injured party for income they lost due to their inability to work due to the injury.
This includes past and future earnings that the person would have earned if it weren't for the accident. For example, if a person is seriously injured in a work-related accident and is unable to return to work for several months, they can receive compensation for the wages they would have earned during that period. In cases where an injury results in a lack of work, compensation can be sought for lost wages and income. Terry points out: “If the injury prevents working in the future, the damages can also cover the loss of the ability to generate income. Emotional damages, also known as mental distress damages, compensate the injured person for psychological harm, such as anxiety, depression, fear, or trauma resulting from the accident or injury.
These damages recognize the emotional toll that the injury has placed on the person's mental well-being. For example, a victim of violent assault may experience serious emotional distress and may be entitled to compensation for the psychological impact of the attack. Terry highlights: “Emotional harm can be granted for serious emotional distress. However, the legal framework surrounding these damages is complex and recovery may not always be feasible. Send us a message or call us at 509-588-0240 if you think you have a personal injury claim at a fair price.
A question we often hear is: “How much is my personal injury claim worth? The answer is often complex and depends on several factors specific to a claim. However, understanding the compensatory damages and the damages you can recover in Nebraska is the essential basis for answering that question. Damages in personal injury cases fall into two categories: economic damages and non-economic damages. Under Nebraska law, a plaintiff who is injured due to another person's negligence has the right to recover both economic and non-economic damages caused by the negligent act. We've created a quick guide that explores these types of personal injury damages.
Both general and special damages are considered compensatory, meaning that their goal is to restore compensation to victims for their losses in personal injury claims. For example, a judge may choose to award punitive compensation if a company knew the risks associated with a particular drug and decided not to disclose them, which hurts one or more parties. Punitive damages, also known as exemplary damages, are a type of compensation that goes beyond simple compensation and is awarded to punish the defendant for his reckless, negligent, or intentional conduct. It's important to understand the different types of damages available to ensure that you receive the compensation you deserve for your injury in a personal injury claim.
The specific amount and types of damages awarded depend on the nature and severity of the injury, as well as the laws of the jurisdiction in which the case is being heard. Because Colorado currently has no current legal definition of permanent disability, attorneys have significant leeway to make their case for significant damages in this area. Punitive damages are not awarded in all personal injury cases and cannot be considered unless compensation for compensatory damages has been ordered. Punitive damages, also known as exemplary damages, are awarded to punish the defendant for intentional misconduct or gross negligence and to deter others from engaging in similar behavior in the future.
Lawyers can rely on expert testimony, medical records, and the plaintiff's own testimony to establish the extent of non-economic damages. Terry Abeyta, an experienced Abeyta Nelson attorney, sheds light on the types of damages and the complex process of calculating them. These types of damages attempt to make monetary compensation for areas of loss that generally occur as a result of an injury, but whose exact financial impact cannot be specifically calculated. In legal terms, the compensation you can receive in a personal injury case is called “damages”.
A third type of damages, punitive damages, can be awarded in cases where extreme recklessness has caused injury to the victim of an accident.
