There are three basic types of damages that are awarded in personal injury claims. Those types of damages include compensatory damages, punitive damages, and damages as a result of wrongful death. Damages, in the personal injury context, is the word used in legal spheres that refers to the compensation that an individual can receive when they have been a victim of an injury. Damages can only be collected if it is proven that the defendant acted in violation of the plaintiff’s rights or caused the plaintiff harm, property damage, or another type of loss.
Overview Of The Different Types Of Damages
There are many different types of damages that can be awarded to the plaintiff at the end of a personal injury case. There are two main types of damages, with sub-types of damages that can be ordered for several different reasons. The main types of damages include compensatory damages and punitive damages, with compensatory damages being split into two categories: general damages and special damages. Wrongful death damages are another type of damages that is very individual and specific.
Compensatory damages act as compensation for the harm that the person who has been wronged has experienced. Compensatory damages are very common and are paid in various types of personal injury cases including slip and fall cases, construction accident cases, auto accident cases, and wrongful death cases (which we will cover in more detail later in the article).
As part of compensatory damages, general damages cover non-monetary compensation sustained as a result of an injury. General damages can also be referred to as non-economic damages. General damages refer to harm that is typically or “generally” incurred when someone is injured including pain and suffering, mental anguish, and loss of companionship. In every personal injury case, there is almost always going to be general damages.
Special damages refer to the other type of compensatory damages. Sometimes referred to as economic damages, special damages compensate for monetary expenses including loss of past, present, and future earnings, medical bills, household expenses, and other costs. Special damages are unique to each personal injury case and should cover all expenses that were caused by the injury.
Punitive damages are ordered much less commonly than compensatory damages. Punitive damages are awarded to the plaintiff as a punishment for the defendant. Punitive damages are awarded in order to punish the defendant for especially dangerous, despicable, or harmful behavior and to discourage other people from performing such unacceptable behavior in the future.
Wrongful Death Damages
Wrongful death damages are their own very specific type of damages that combines both general damages, special damages, and at times punitive damages. Wrongful death is when a person’s death is caused by another individual’s negligence or unlawful conduct. Compensation is awarded to the victim’s family. Damages can include the cost of the funeral, medial costs pre-death, the emotional anguish caused to the family and loved ones, loss of companionship, and loss of financial contributions.
Do You Require A Personal Injury Attorney?
We at Lebaron and Jensen are experts in the personal injury arena. We understand all the ins and outs when it comes to the intricacies of individuals’ personal injury cases, which is why we offer our services to you. We offer several excellent services including legal advice, court representation, and case management. We serve clients in Utah, Wyoming, Colorado, Arizona, etc. If you are interested in learning more about damages in personal injury cases, if you want more information about our services, or to get a case review, feel free to reach out to us today.