There are various different sorts of compensation for personal harm. And regardless of where you are in your case, it is critical that you have a clear understanding of the type(s) of personal injury compensation for which you and your personal injury attorney are battling.
When negotiating settlements or going to trial, this introduction to the many sorts of personal injury compensation can be extremely helpful.
Different Types of Personal Injury Compensation
An overview of types of personal injury compensation
In the context of personal injury compensation damages, there are two primary types: compensatory damages and punitive damages. Following that, the damages are divided into various categories which are explained below with the help of personal injury attorneys Cumming.
Compensatory damages recompense (i.e. compensate) you for the expenses incurred as a result of the plaintiff’s injuries. In practically all personal injury instances, compensatory damages should be accessible to the injured party.
The type of harm you or a loved one has suffered is unrelated to the symptoms you are experiencing. In addition, they are given far less frequently than compensatory damages are.
These two categories of personal injury compensation serve as the overarching umbrellas for all other types of compensation you may be eligible to receive (with the exception of workers’ compensation) after an accident. Personal injury compensation, on the other hand, may and can become more precise; let’s have a look at some of the different sections of this field now.
Compensation for personal injury: Compensatory damages are a type of compensation.
Please keep in mind that this list is not exhaustive; always consult with an attorney before assuming that you will not be able to collect compensation.
The following are examples of specific compensatory damages:
Expenses for medical treatment (past and future)
Record the bills, receipts, and other supporting evidence linked with the following expenses in one place:
- The cost of hospitalizations, medical bills, and medical procedures are all included (including surgery and lab tests)
- Expenses associated with physical therapy, rehabilitation, and pain management
- Doctor’s office visits and associated expenses
- Medications on prescription are extremely expensive.
- Costs associated with linked in-home or nursing home care.
- Transportation for medical reasons (including ambulance)
- Expenses of living continue to rise.
Costs linked with property damage, such as repair and replacement, are included in this category.
Was your vehicle, such as a car, bike, boat, or other watercraft, damaged as a result of the incident that caused your injury? A skilled vehicle accident attorney can assist you in obtaining compensation for your property damages.
Wages and earning capacity have been lost (past and future)
The terms “loss of wages” and “loss of earning potential” are used to refer to the same thing in this context. They both apply to compensation for wages you have lost as a result of your injuries up to the date of the trial, as well as compensation for wages you will be unable to earn in the future as a result of your injuries.
The loss of items that are irreplaceable
You may be able to receive further compensation for that lost item in addition to the initial value of the item in question.
The following are examples of general compensatory damages:
Suffering and anguish
Physical discomfort that lasts for a long period of time as a result of an injury or the treatment of such injury
Depression, sleeplessness, and post-traumatic stress disorder (PTSD) are all examples of mental agony and emotional distress. (For further information, see our page What is Pain and Suffering?)
Lower overall level of well-being
Unfortunately, many sorts of personal injury cause individuals to be unable to enjoy life in the same way they did in the previous. For example, individuals who have suffered an amputation or traumatic brain injury (TBI) as a result of their injuries are frequently awarded this form of compensation.
The inability to have pleasure in one’s life
It is possible to claim compensation for loss of enjoyment of life if a personal injury prevents a sufferer from taking part in activities that brought them joy in the past. These activities include things like participating in their children’s lives, playing an instrument, or participating in sports.
- The dissolution of a consortium or a partnership (See wrongful death damages below)
- Disfigurement and disability on a physical level
General damages, the more common of the two forms of losses, are frequently the most difficult to understand. Questions such as, “Does pain and suffering count as compensatory damage?” are frequently posed of us. “If so, what is the procedure?” Check the list above to determine whether any of the general compensatory damages listed above may be applicable in your situation. In the following step, consult with your Forsyth County lawyers to learn how your court determines general compensatory damages.
Damages for wrongful death
Wrongful death damages are a combination of special compensatory damages and ordinary compensatory damages that are only available in wrongful death cases and are not available in other situations.
The following are examples of compensatory damages for wrongful death:
- Funeral and burial expenses (special damages): Funerals and burials are often prohibitively expensive. This form of remuneration can assist in reimbursing or offsetting some of those expenses.
- Medical care expenses incurred prior to the occurrence of wrongful death (special damages); When a loved one receives medical treatment following an accident but before passing away; their family may want assistance in covering the costs of the care they got.
- Loss of financial contribution (general damages): This compensation compensates the victim for the loss of his or her earnings. Spouses who have children or spouses who have not been the major breadwinners will find it extremely beneficial.
Punitive damages in the case of personal injury are available.
If the court determines that the amount of compensatory damages granted to you is insufficient to dissuade the responsible party (the defendant) from repeating the same “error,” the court may award you punitive damages in addition to the compensatory damages ordered.
A person or institution’s prospects of receiving punitive damages increase; if the person or institution acted maliciously or with gross carelessness, committed a criminal conduct; such as fraud or violence, or caused significant financial hardship. Persons involved in high-profile situations in which the responsible party is particularly affluent may also find themselves the target of punitive damages awards intended to set an example of the person or institution in question.
Instructions on how to file a personal injury claim for compensation
Companies and individuals alike should accept responsibility for their mistakes. Personal injury attorneys with extensive expertise and skill make it possible for clients to receive settlement sums that are sufficient to support their needs or, if required, to fight for their damages in court.