What Are The Two Types Of Personal Injuries?

What Are the Two Types of Personal Injuries?

“Personal injury” is a legal term that refers to the injuries an individual sustains during and after an accident. There are a variety of personal injuries, and these are what this blog focuses on. The information here will be useful to you while you navigate the claim process, so read on!

What Kinds of Personal Injury Damages Are There?

In personal injury cases, two kinds of damages are often sought, and these are compensatory damages and punitive damages. Compensatory damages are what a victim receives to offset costs associated with their injuries. Almost all personal injury cases yield compensatory damages for the plaintiff. Punitive damages, on the other hand, will be sought if the at-fault party’s negligence, which led to the injuries, was particularly egregious. Punitive damages aren’t awarded as often as compensatory damages. Now let’s look at both types of damages under the microscope.

What Are Compensatory Damages?

Compensatory damages are sought in all personal injury cases, though compensatory damages can be awarded for different reasons. There are special compensatory damages, otherwise known as economic damages, and general compensatory damages.

What Are Special Compensatory Damages?

Special compensatory damages are often awarded to offset fixed costs and out-of-pocket expenses related to the accident. After serious and even some minor accidents, victims will be saddled with injury-related expenses, like medical bills and lost wages or loss of earnings capacity.

While most expenses covered by economic damages are fixed, some aren’t. For example, if you lost an irreplaceable item, like a family heirloom, because of the accident, you could receive economic damages for this loss. And if you couldn’t go on a trip or attend an event because of accident-related injuries, you can seek damages for associated losses.

Medical bills are the most common expenses accident victims face in the wake of an accident. The overall cost of hospital stays, treatments, physical therapy, prescriptions, doctor’s visits, and medical transportation can be quite high, which is why seeking the proper amount in damages is paramount. A skilled and experienced personal injury lawyer will help you do this.

What Are General Compensatory Damages?

While some costs are fixed and therefore easy to offset with economic damages, others are harder to quantify, and it’s these latter costs that general damages are awarded to offset. For example, general damages are awarded to expenses related to pain and suffering, a term which refers to the long-term physical pain that one has to endure after sustaining an injury. Pain and suffering also refers to the emotional distress you might go through following an injury, and you may suffer from depression, anxiety, insomnia, or PTSD.

If your quality of life has been diminished because of the injury, or if you’ve lost a loved one because of an injury, you may be compensated with general damages. Physical disfigurement also yields general damages in most cases, and so does amputation or a traumatic brain injury.

The unfortunate reality is that some accident injuries are so severe that full recovery is impossible. A judge who awards general damages takes this reality into account before doing so, as an accident victim deserves to be properly compensated if the injuries they sustained are to inhibit them for the rest of their life.

What Damages Are Associated With Wrongful Death?

Wrongful death damages are unique because they’re awarded to the surviving family members of the accident victim who succumbed to their injuries. Beneficiaries can receive damages to offset expenses related to funeral and burial costs, and medical care that was delivered before the victim succumbed to their injuries can also be compensated with damages. Loss of consortium can also yield damages for surviving family members, and loss of financial contribution is also relevant, as the family will have less coming in after the death. And surviving family members can also be awarded general damages for pain and suffering related to the loss.

Can a Plaintiff in a Civil Case Sue for Punitive Damages?

Punitive damages are awarded in some cases, and they’re not so much awarded to compensate the plaintiff as they are to punish the at-fault party for the negligence that led to the event which caused the plaintiff to get injured. And if the at-fault party intended to cause harm or committed a criminal act midst causing the injury, it’s more likely punitive damages will be awarded to the plaintiff. Often, you’ll see hefty punitive damages awarded in a high-profile case if a court wants to make an example out of an at-fault party.

What Should Be Done When You Need to File a Claim for Compensation?

The first thing you should do when you’re ready to file a claim is contact a personal injury lawyer. They will make sure you have all necessary documents, and they’ll also conduct evidence gathering on your behalf so you have a solid case when you go to seek compensation. They will handle the nitty-gritty of the claim process so you can focus on your recovery, and they won’t accept a low-ball settlement just to get a quick end. And should your case end up in court, they have the skills and experience necessary to argue your position in front of a judge and jury, and they’ll make it clear that you deserve to be fairly compensated for your injuries. While it’s possible to pursue the claim process on your own, most people elect to hire a lawyer instead.

We here at 1-800-HURT-511 know that hiring a personal injury lawyer can be tough. That’s why we’ve simplified the process. The lawyers we work with are multilingual, experienced, and highly respected. They’ve secured over a billion dollars for those they represented, and you don’t have to pay unless you win.

Call 1-800-HURT-511now, as you may be running out of time to file a claim.