What are Personal Injury Damages?

If you have recently won a personal injury case, you are entitled to personal injury damages paid to you for your injury. The jury in your case determines your damages, and a judge has the right to review, increase, or decrease the amount of those damages without you entering into a new trial or an appeal procedure.

Types of Personal Injury Damages

There are primarily two types of damages awarded in personal injury cases:

Compensatory Damages

These damages “compensate” for the victim’s injuries, attempting to place the injured party in position as if the injury had not occurred. Compensatory damages seek to address the physical, psychological, and financial implications of a personal injury claim. Compensatory damages typically fall into two categories:

Monetary Damages. These compensate the injured party for monetary losses, and are also known as special damages.
- These losses can include costs of life with an injury, condition, or disability resulting from the personal injury claim – If you have a long-term injury, such as paralysis, you will need to change various aspects of your life, including revamping your home to make it wheelchair accessible, etc. These damages help to assuage the cost of such changes and the need for longer-term care
- Other medical costs are also included. Your damages will compensate for the present and future costs of your medical care and any necessary rehabilitation. These damages are awarded for as long as you are expected to live
- Lost income – Damages also cover income lost as a result of the injury and/or diminished earning capacity resulting form you injury.
- Property repair or replacement – Damages awarded as a result of a personal injury case will cover the cost of replacing or repairing property damaged during the incident or accident.
- Funeral costs – If the victim of a personal injury dies as a result, his or her family is awarded money towards funeral expenses

Non-Monetary Damages: Also known as general damages, non-monetary damages address losses that are not related to money, and vary greatly from case to case. Non-monetary damages include:

- “Pain and Suffering”– A personal injury victim may be awarded damages for actual pain and emotional suffering caused by the injury. This may include awards for stress disorders, fears, anxiety, and other issues resulting from the injury
- “Loss of consortium” – The spouse of the injured party may receive damages for the injury’s effect on the marriage, including loss of companionship.

Punitive Damages

These damages are not compensating the victim, but they punish the defendant for causing the injury. Punitive damages often come into play when the defendant has acted recklessly or with particular disregard to the well being of others.

Getting Help

If you have been the victim of an injury, you should consult with a qualified personal injury lawyer. Your attorney can let you know what, if any, personal injury damages you may be able to collect based on your situation.

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