Greenwald Law Firm: What are The Damages of a Personal Injury Case
In a civil lawsuit such as a personal injury case, you have to collect financial compensation known as “damages” from the party who is at fault if your case is successful. In this article, allow us to share with you the different types of damages involving a personal injury case. Damages involving a personal injury case aims to make the plaintiff recover from injury, get the right compensation for his lost wages, and at least relieve his pain and suffering. In general, the types of damages involving a personal injury case depend on state laws, the type of case, and the circumstance of the injuries.
The types of damages in a personal injury case may include compensation for the cost of hospitalization or medical bills arising from the injuries caused by the defendant, lost wages, pain and suffering, emotional distress, wrongful death, loss of companionship or loss of consortium, and punitive damages. 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. It does not only include the upfront cost of seeking medical intervention but also the future costs. 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).
On the part of the plaintiff, there could be emotional ramifications involving an accident as proven by psychiatric records like diagnosis of post-traumatic distress disorder that may add to the amount of compensation that is awarded for the plaintiff’s emotion distress. Some states regard loss of consortium in a very specific way wherein the inured person loses the ability to have an intimate relationship with the spouse, so the spouse can raise a claim for loss of consortium. Damages can be categorized as economic and non-economic damages. If you want to know more about personal injury claims, talk to one of our respectable personal injury lawyers now. A personal injury lawyer can help you in seeking the right compensation your deserve so you can get justice for your personal injury case.