If you are harmed due to someone else’s negligent, reckless, or intentional actions or inactions, you may be able to seek compensation for damages. As an experienced personal injury lawyer, it is important for injury victims to avoid making assumptions about the kinds of damages that they may or may not be entitled to before consulting with a knowledgeable attorney. It is never helpful to get one’s hopes up too high or to have them settle too low. Genuine legal knowledge and guidance is power in this respect.
Compensatory Damages
Compensatory damages are broken down into two categories: general and special. Both types are designed to compensate the injured party for any harm suffered. Seeking compensatory damages is a standard practice in personal injury lawsuits.
General compensatory damages cover any harm you have suffered as a result of your injuries that is not easy to monetize. General damages typically include the following:
- Pain and suffering
- Physical impairment or disfigurement
- Mental anguish
- Lowered quality of life
- Loss of companionship
- Loss of consortium
Special damages specifically compensate you for financial expenses incurred due to the accident or injury. These damages vary on a case-by-case basis. Typically, special damages claims do not have monetary caps, so you can ask for as much as you believe is fair to cover your financial loss. Common categories of special damages include the following:
- Medical bills, including the cost of future medical treatment
- Loss of earnings (past and future)
- Household expenses
Punitive Damages
Punitive damages are not commonly awarded in personal injury cases because they are specifically used to punish the negligent party, not to compensate for harm. The wrongdoer has to have acted in a way that is deemed grossly negligent and malicious for you to receive punitive damages.
The following states/U.S. territories do not permit punitive damage awards in personal injury cases:
- Nebraska
- Washington
- Puerto Rico
Unlike compensatory damages, punitive damages usually have a cap on the maximum amount that you can ask for.
Wrongful Death Damages
If you have lost a loved one due to another’s conduct, you may be able to ask for wrongful death damages. This type of reparation is typically meant to cover the cost of the following:
- Funeral and burial expenses
- Medical care incurred before the death and as a result of the injury
- Emotional distress
- Loss of financial contribution
- Loss of companionship
- Loss of consortium
- Loss of support
- Loss of services
Do not hesitate to contact a personal injury lawyer if you believe you may deserve compensation for an accident you were involved in.