The 3 Types of Claims Under Personal Injury Law

 

Suppose you're riding your bike on the sidewalk, and someone opens a car door before you. You slam into the door and scrape up your arm and leg. It hurts! Your parents take you to the doctor, and you miss a few days of school because your arm is in a cast. You might have to speak with a personal injury attorney in this situation.

Personal injury law protects individuals who have suffered harm due to negligence or wrongdoing by others. If you've been injured in an accident, a personal injury lawsuit can help you recover damages for your losses.

 

Damages in a personal injury case can be categorized into three main types:

 

• General damages
• Special damages
• Punitive damages

Understanding these different categories can help you determine the compensation you may be entitled to receive.

General damages

General or non-economic damages compensate for the intangible losses you experience due to your injury. These pains and sufferings are difficult to assign a specific dollar amount to, but they significantly impact your life. Here are some common types of general damages:

• Pain and suffering refers to the physical discomfort and emotional distress you've endured due to the injury. It encompasses the pain you feel, along with anxieties, fears, and depression caused by the accident.
• Emotional distress: This covers the psychological impact of the injury, such as anxiety, fear, or post-traumatic stress disorder (PTSD). For instance, if a car accident leaves you terrified of getting back behind the wheel, that emotional distress would be compensable damage.
• Loss of enjoyment of life: This refers to your injury's limitations on your daily activities and hobbies. You can no longer garden due to back pain, and playing the piano is impossible because of a finger injury. The inability to engage in activities you once enjoyed is compensable for the loss of enjoyment in life.
• Loss of consortium: This applies specifically to spouses or partners and refers to the impact the injury has had on your relationship. If your injuries prevent intimacy or limit your ability to participate in activities you used to enjoy together, this could be considered a loss of consortium.
• Disfigurement: This covers permanent scarring or physical alterations caused by the injury. Disfigurement damages aim to compensate for these changes in emotional and social impact.

These are just a few examples of general damages. The specific types and amounts you may be entitled to will depend on the severity of your injury and the unique circumstances of your case.

 

Special damages

Special or economic damages are more accessible to quantify as they represent the concrete financial losses you've incurred due to your injury. These damages are typically documented through bills, receipts, and other financial records. Common examples of special damages include:

• Medical expenses: This covers all costs associated with your medical treatment, including hospital stays, doctor visits, surgery, medication, and rehabilitation. Medical expenses often make up a significant portion of a personal injury claim.
• Lost wages: If you cannot work due to your injury, you can recover compensation for your lost wages. This includes salary, bonuses, and any other forms of work income.
• Loss of earning capacity: In some cases, your injuries may permanently limit your ability to earn a living. Loss of earning capacity damages compensate you for the future income you are likely to lose due to your injury.

 

For example, a construction worker suffers a broken arm that prevents him from returning to his physically demanding job. While lost wages would cover the income he missed while recovering, loss of earning capacity would compensate him for the long-term impact on his ability to work in construction.

• Property damage: If the accident damaged your property, such as your car or belongings, you can recover compensation for repairs or replacement.
• Out-of-pocket expenses: This includes any additional costs incurred due to your injury, such as transportation to medical appointments, home care services, or the need for modifications to your home or vehicle.

 

By gathering documentation for these expenses, you can strengthen your personal injury claim and ensure you are compensated for the full financial impact of your injury.

 

 

 

Punitive Damages

Punitive damages are separate damages awarded in rare personal injury cases. Unlike general and special damages, which compensate you for your losses, punitive damages punish the at-fault party for their reckless or intentional misconduct. These damages serve several important purposes:

 

• Punishment: Punitive damages powerfully convey to the defendant that their actions were unacceptable. The financial penalty serves as a form of retribution for their wrongdoing.
• Deterrence: By awarding punitive damages, the court aims to discourage similar future behavior by the defendant and others. It sends a message that there are significant consequences for egregious actions.
• Public Safety: Punitive damages can promote public safety by incentivizing companies or individuals to prioritize safety measures. The potential for financial penalties encourages taking steps to prevent future accidents or injuries.
• Symbolic Victory: In some cases, punitive damages can provide a sense of justice for the victim, especially when the at-fault party's actions were particularly malicious.

However, it's important to remember that punitive damages are rarely awarded and are subject to strict limitations. The burden of proof is high, and the court must be convinced that the defendant's conduct was truly egregious.

 

Conclusion

Personal injury cases can be complex, and damages can be confusing. You need to understand the three main types of damages awarded in personal injury claims: general damages, special damages, and punitive damages.

 

• General damages compensate for the intangible aspects of your injury, such as pain and suffering, emotional distress, and loss of enjoyment of life.
• Special damages reimburse you for the measurable financial losses caused by your injury, including medical expenses, lost wages, and property damage.
• Punitive damages, awarded in rare cases, are intended to punish the at-fault party for extreme misconduct and deter similar behavior in the future.

 

If you have been injured due to another person's negligence, consulting a qualified personal injury attorney is crucial. An attorney can assess your case's specific facts, determine the damages you may be entitled to recover, and guide you through the legal process.