Greenwald Law Firm: Understanding the Types of Damages of a Personal Injury Case
If you have been a victim of car accident, workplace accident, slip and fall, medical negligence, or any personal injury case, it is important to get well-compensated for all the damages you have obtained from the at-fault party if your case is successful. In this article, let’s talk about the different types of damages of 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. Generally, the types of personal injury damages depend on the laws of the state, the type of case, and the circumstance of the injuries.
The damages involving a personal injury case include medical expenses or cost of hospitalization, lost wages, loss of companionship or loss of consortium, pain and suffering, emotional distress, punitive damages, and wrongful death. The defendant must compensate the plaintiff for all medical expenses including medications, physical therapy, nursing home stays, or hospital stays, and it becomes more expensive if the plaintiff needs adaptive devices, lifelong nursing care, or become permanently disabled. 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. In terms of pain and suffering, insurance companies usually use a technique which is referred to as “pain multiplier” just to come up with a fair and reasonable number of “pain and suffering” damages, and this is done by multiplication of the actual financial losses (lost wages and medical bills) times a number that the insurer deems appropriate (between 1.5 and 5).
A defendant is also responsible for the emotional distress damages as evidenced by psychiatric records such as diagnosis of post traumatic distress disorder, thus adding to the amount of compensation that is awarded to the plaintiff. 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. Damages can be categorized as economic and non-economic damages. You can set up an appointment with a personal injury lawyer now by checking our website or homepage for more information sow e can help you with your claim. Hiring a personal injury lawyer can help you in seeking the right compensation benefit you rightfully deserve for you to receive the right justice.