Types of Damages You Can Receive After a Successful Personal Injury Case

When it comes to personal injury cases, plaintiffs can seek compensation for the property damaged, injury, and any other type of loss from the defendants. Damages is the legal term that is used for this type of compensation. There are two categories of damages that are normally awarded when someone makes a personal injury claim. These include compensatory and punitive. 

Although there are different types of compensatory damages, they are normally classified as general damages and special damages. An injured party can seek compensatory damages to be reimbursed or compensated for the harm they experienced. Injury cases include slip and fall, medical malpractice, and auto accident cases. In case of wrongful death, compensatory damages are granted. However, in such a situation, the damages tend to be unique and are determined by the court or settled between the parties.

If you win a personal injury case, you will feel relieved. However, it is important that you learn more about the compensation to ensure that you know what to expect. Besides, it would help you better negotiate the settlement terms. Here is what you can expect when your personal injury case is successful.

Compensatory Damages

When you suffer from an injury and file a personal injury case, you might be granted compensatory damages if the court decides in your favor. It would ensure that you are compensated or reimbursed for the injury. Generally, compensatory damages are always paid in personal injury lawsuits and are broken down into two categories that are mentioned below.

1. Special Damages

Special damages cover the monetary expenses you incur due to the injury. As they are unique for each individual, the amount of compensation varies. Special damages pay the victim for all expenses or money lost following the accident or as a result of the injuries caused by the incident. They cover all types of loss or expenses incurred. Hence, there is no limit on special damage claims. Some of the most common examples of special damages include the following.

• Medical bills

• Loss of earnings

• Future earnings lost 

• Household expenses

• Future medical care costs

• Costs associated with altered plans or canceled trips 

2. General Compensatory Damages

Plaintiffs can also claim general compensatory damages which cover non-monetary damages. The reason why the term “general damages” is used is that these damages address the pain and suffering caused by the injury. As a personal injury victim, you can expect to claim some form of general damages. The following are some of the most common general compensatory damages.

• Mental anguish

• Pain and suffering

• Loss of companionship or consortium

Wrongful Death Damages

Surviving families can file a wrongful death claim to seek compensation for their loss. Some of the most common wrongful death damages are mentioned below.

• Pre-death medical care costs

• Burial and funeral expenses

• Financial contribution loss

• Emotional distress endured by the surviving family

• Consortium and companionship loss

• Support and services loss

Punitive Damages

If you believe that the defendant’s wrongful behavior was reprehensible or despicable, you can even claim punitive damages. Some common situations where punitive damages may be awarded include fraud, malicious acts, or wanton on part of the defendant. Fraudulent behavior, sexual assault, and aggravated battery are some of the acts that cause significant harm. Punitive damages are also awarded in high-profile injury cases where it has been proven that the harm was caused by prescription drugs or defective products. Thus, legal action would be taken against the defendant and a hefty amount of money would need to be paid. 

Collecting Damages

Plaintiffs are entitled to claim damages in personal injury cases as soon as a judgment has been issued by the court or a settlement has been reached. However, receiving a judgment in your favor and collecting money are two different things. In fact, the defendant might not be able to meet the amount that they need to pay as directed by the court. Similarly, the defendant might even avoid paying the money. This is where a personal injury attorney can help you out. The attorney will discover undisclosed assets, place liens, and garnish wages to ensure that you collect the damages that you are owed. 

Besides, when the defendant sees that you have a lawyer by your side, they would be more likely to pay you the money in full. Now, in case the defendant has liability insurance, you will receive the damages from the insurance company. This is something that the lawyer would also deal handle.