Personal Injury Law – Types Of Damages
The types of damages available in the personal injury claim depend on the type of case, the circumstances of the injury, and local state laws. In general, personal injury damages include the following:
* Compensation for medical bills for all injuries caused by the defendant. If the applicant undergoes medical treatment and is required to receive medical care like hospital stays and physical therapy, the defendant must pay medical bills. This can become quite expensive if the victim becomes permanently disabled and needs adaptive devices or lifelong nursing care. This should include every expense the applicant has to pay out over the course of medical treatment and the future costs of medical treatment. Sometimes the plaintiff must turn over some or all of his money to their health insurers if the insurer has been paying bills before the settlement. Sometimes a medical lien is placed on the expected value of a future damage award by insurers or health care providers to ensure payment is made when the defendant pays out these medical costs. More on this website
* Lost wages. Compensation for lost wages or income is another aspect of damage award in a personal injury case. This includes payment for any work that an applicant has to miss because of injury. If the applicant has to take sick leave, he should be compensated for those days. If the plaintiff has been permanently disabled to work due to injury, the lost wages that he would have earned over his lifetime may be required to be paid by the defendant. A similar case applies if the applicant has been deferred for any future income because of injury. Find more here
* Pain and Suffering. Juries sometimes award large damages for pain and suffering, particularly in significant injuries. Insurance companies often employ a pain multiplier to achieve a fair and reasonable number of pain and suffering damages. This involves multiplying actual financial losses with a number usually between 11/2 to 5 as the insurer deems appropriate.
* Emotional distress. Sometimes, an accident has emotional ramifications on the applicant. This must be proven by psychiatric records and things like a diagnosis of post-traumatic stress disorder.
* Wrongful death. This type of lawsuit is brought by the victim’s family members who have been killed in an accident due to someone else’s negligence. A family member must have the standing to bring a wrongful death action though spouses can bring them to act in any state, and parents can bring an action on behalf of minor children. There are varying rules that differ by each condition.
* Loss of companionship. This action is brought by the victim’s family members who have been killed or altered significantly by accident or injury. The idea is to compensate the family member for losing a relationship. In some states, loss of consortium is specific and can compensate a spouse if he or she loses the ability to have a physical relationship with the victim.
* Punitive damages. Punitive damages are not allowed in all cases, and they are quite different from other kinds of damages. Their main purpose is to punish the defendant for wrongful doing and act as a deterrent to this sort of behavior.
If you want to file a personal injury lawsuit, you should consult a good injury lawyer.
