Which Damages Can You Recover in Your Personal Injury Case?
You are entitled to compensation if you have suffered physical and mental harm due to another party's intentional and negligent actions. The law allows injured parties to seek different damages, depending on their case. Explore these damage categories below.
Special Damages
An accident's aftermath brings many unexpected costs that drain your savings. Special compensatory damages reimburse these expenses and cover future costs related to the accident. The damages include the following.
Medical Expenses
Medical expenses are the primary concern for people involved in accidents, as the costs for imaging tests, medication, consultation, surgeries, and therapy quickly add up. For people without insurance, paying these fees out of pocket puts a strain on their savings and family.
In addition to recovering the medical expenses you have incurred, a personal injury attorney will help you recover future healthcare costs if you acquired injuries requiring long-term treatment. Keep all medical receipts, invoices, and treatment plans to help the attorney recover maximum compensation.
Lost Income
The court awards this compensation for lost wages due to time spent off work nursing injuries. Also, your attorney can help you recover the money you would have made in the future if you didn't suffer injuries from the accident. Tax returns and check stubs demonstrate how much money you would have made if you had not taken the time to seek medical treatment for the personal injury.
Costs of Living with Disabilities
Workplace and auto accidents cause physical disabilities that affect the victim's lifestyle. For example, you may remodel your home to improve accessibility or arrange for full-time nursing care. The liable party will have to help pay for these changes.
Loss of Earning Capacity
You are entitled to compensation if the personal injury causes a long-term or permanent inability to return to your job or seek lower-paying work. In case of severe injuries that prevent you from working, an economic professional calculates the money you would have made for the rest of your career depending on your age, education, work experience, rates of promotions, and other factors.
Property Damage
A personal injury attorney also pursues repair or replacement costs if the accident damages your car, home, bike, or other assets.
General Damages
General or noneconomic damages include losses that aren't easily quantifiable. For instance, juries, judges, and insurers cannot determine the quantity of physical pain, suffering, and mental anguish you suffered due to the accident.
Loss of enjoyment of life is another compensation category, in which an attorney demonstrates how your injuries keep you from engaging in hobbies and social activities. Many victims of personal injuries find their quality of life significantly reduced and deserve compensation for the inability to enjoy pleasures that bring joy.
Your spouse is also entitled to loss of companionship compensation due to losing comfort, assistance, sexual relations, and other intangible marital elements.
Your attorney's skill is crucial when you seek noneconomic damages since they are difficult to calculate. Compensation for noneconomic cases typically varies in similar cases because these losses are inherently subjective. An experienced attorney argues the issue from all angles and includes all losses.
Punitive Damages
Courts apply punitive damages in exceptional cases to punish a defendant for extremely negligent behavior. Unlike economic and noneconomic damages, punitive damages are imposed to deter the defendant and other entities from repeating the negligent action.
For instance, a pharmaceutical company that supplies prescription drugs, knowing they pose health risks, may attract substantial financial fines. A court can also punish a company selling defective products or a defendant whose malicious acts like sexual assault, battery, and drunk driving cause pain and mental distress.
However, each state has different guidelines for awarding punitive damages. New Jersey permits punitive damages, but you must show that the plaintiff acted in total negligence of the safety of others or out of malice.
The sooner you consult an attorney after a personal injury, the quicker you receive compensation for tangible and intangible losses. Contact us at Borbi, Clancy & Patrizi, LLC, today to get the money you deserve.