Greenwald Law Firm: Understanding the Types of Damages of a Personal Injury Case
When dealing with a personal injury case, you deserve to receive the right amount of financial compensation for the “damages” from the party who is at fault if your case is successful. In this article, allow us to share with you the different types of damages involving a personal injury case. While it is true that pain and suffering cannot be measured, damages aim to reduce the burden that a plaintiff experiences, recover from injury, and be compensated for his lost wages. In general, the types of damages involving a personal injury case depend on state laws, the type of case, and the circumstance of the injuries.
The types of damages in a personal injury case may include compensation for the cost of hospitalization or medical bills arising from the injuries caused by the defendant, lost wages, pain and suffering, emotional distress, wrongful death, loss of companionship or loss of consortium, and punitive damages. If you need to undergo treatment or test, you need to receive the right medical care like physical therapy, nursing home stays, or hospital stays, and the defendant need to pay for all the costs of the medical bills. The defendant also pays the foreseeable future costs to the plaintiff aside from the medical portion of the damages, including all medical expenses that the plaintiff had to pay for the entire course of his treatment. A plaintiff may have lost wages due to physical injuries and treatment time, so a defendant is responsible in paying all the lost wages even if the plaintiff was granted vacation days or sick leave, he still deserves to be compensated for the loss of those days. When it comes to pain and suffering, insurance companies usually use a technique known as “pain multiplier” in order to come up with a fair and reasonable number of “pain and suffering” damages, by multiplying the actual financial losses times a number that the insurer deems appropriate (between 1.5 and 5).
When it comes to emotional distress, an injury or accident may have emotional ramification on the part of the plaintiff as evidenced by psychiatric records such as diagnosis of post-traumatic distress disorder may add to the amount of compensation that is awarded for the plaintiff’s emotion distress. A family member can also file a personal injury claim for loss of companionship or loss of consortium to receive compensation for the spouse’s inability to have an intimate relationship with the injured person. The categories of damages can be divided into economic and non-economic damages. Get to know more about handling a personal injury case, set up an appointment with a personal injury lawyer now. A personal injury lawyer can help you in seeking the right compensation your deserve so you can get justice for your personal injury case.