Types of Damages in a Personal Injury Claim

If you have been wrongfully injured, you are likely entitled to pursue a lawsuit in order to seek compensation (or damages) for your pain and suffering. Personal injury accidents can happen in a car accident, because of medical malpractice, a train accident, defective product, and the list goes on and on. Whatever the case may be, if you have been wrongfully injured, contact a trusted Shreveport injury lawyer at Simmons, Morris, & Carroll, LLC today for the representation you deserve on your side! When looking at personal injury damages, there are two distinct categories; the first is compensatory and the second is punitive damages.

Compensatory damages often make up a large majority of the settlement in the event of an injury, as not in all cases are punitive damages offered to the plaintiff. In most cases, if a person has been truly wronged in their injury (or it was otherwise a preventable accident) many victims will have the opportunity to receive some form of compensatory compensation for their injury. Under compensatory damages are two categories monetary and non-monetary.

Monetary losses will include details such as the victim's medical expenses. This is because after the accident a person may be dealing with extensive surgeries, care or rehabilitation for years down the road, etc. this will help take all those factors under consideration and while also calculating the victim's life expectancy and the length they will need financial support. Another factor that must be taken into consideration is that many accidents will result in life altering injuries, and for some people this may mean living with a disability for the rest of their life.

If this is the case, the compensatory damages will help cover anything relating to adjusting a victims lifestyle in order to accommodate with the permanent injury; this would include building a ramp for a wheelchair, etc. Next monetary losses will include any lost wages from our injury. Whether you missed a week off of work so you could rest your sprained ankle after the car accident or you were hospitalized for months in order to finish your treatments, this category will include all lost wages including both what you would lose today and what you would have earned in the future.

This category also includes any property that was damaged as a result of the negligent actions of the person responsible for your injury. For example, if your car was destroyed during an accident this would help replaces or fix that which was broken. Lastly, in the event of a wrongful death case, this category would also include funeral expenses to help the family.

Non-monetary damages include the pain and suffering that the victims and their families have felt because of the accident. The actual reality of having to endure any physical pain is included in this as well as any emotional distress, or other struggles such as anger, anxiety, loss of enjoyment of life, etc. Loss of consortium is also included as an accident can eventually cause issues within a relationship or permanently prevent the couple from enjoying sexual intimacy as well.

Punitive damages have nothing at all to do with giving the victim monetary compensation, it has everything to do with making the company or person response pay for their actions by way of their wallet. For example, say there is a defective auto part that resulted in the death of a mother and baby, the husband may receive both compensatory damages as well as punitive in order to send a message to the company, as well as others in the auto part industry, that this matter is taken seriously. If you or someone you know has been wrongfully injured, contact our firm today for more information!

Categories: Personal Injury
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