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Compensation for Personal Injuries

If you’ve experienced a personal injury, you may be eligible to receive compensation. The total amount of compensation you can receive will depend on the type of injury and how you sustained it. This article will provide an explanation of different types of compensation. Amounts can change on a case-by-case basis, and it’s important to speak to an experienced injury attorney about the specifics of your case.

Compensation for personal injuries is often referred to as damages. Damages can cover any loss you receive as a result of the accident or injury. This can include both financial losses (often covered under “special damages”) and personal losses (covered under “general damages). In some cases, you may also be awarded “punitive damages.”

Special Damages

Special damages are one type of compensatory damage. These are meant to make you “whole” in a financial sense. Special damages can cover medical bills, lost wages, property damage, and other expenses you’ve incurred as a result of the injury. Special damages are often easier to calculate because they have a clear monetary amount.

  • Medical Bills­—This can include bills for medical care that you received immediately following your injury. It can also cover future medical bills if you need care after your case is resolved.
  • Lost Wages—This can cover wages that you lost because you had to take time off of work to recover from your injury. It can also cover future earnings if your injury impacts your ability to work.
  • Property Damage or Property Loss—This can cover any property that was damaged or lost as a result of the event causing your injury. For example, if you were in a car accident, this can help to cover the cost of your car repair or replacement.

We sometimes refer to special damages as “hard damages” or “economic damages.” This is another way of saying they aren’t speculative or unclear. They’re usually relatively easy to demonstrate and calculate. They may be harder to prove your entitlement to, however, depending on the nature of your accident.

For example, if the insurance company claims you had a pre-existing condition, showing that your current treatment is the result of an accident will be more difficult. Or if the other driver claims the accident was not violent enough to cause actual damages, then your attorney will have to help you prove the nature of the accident and how it caused your injuries.

General Damages

General damages are the second form of compensatory damages that may be available to you. Unlike special damages, general damages are often harder to calculate. General damages can cover things like pain and suffering, emotional distress, and loss of consortium.

  • Pain and Suffering—This can include both physical and mental pain and suffering. Pain in your neck, back, muscles, or other physical pain can be covered by this. Mental pain in the form of PTSD, anxiety, grief, depression, and other cognitive changes can also be covered by this. In most cases, you’ll need to prove these things with help from expert testimony, a personal diary, medical records, or other documentation.
  • Emotional Distress—Emotional distress refers to any emotional pain incurred as a result of the accident or injury. Unlike pain and suffering, emotional distress may apply to more than just you. If, for example, your spouse witnesses your injury and it causes them emotional distress, they may also be entitled to compensation.
  • Loss of Consortium—Like emotional distress, your spouse may be able to file a claim for loss of consortium. This applies in cases where you are unable to enjoy your spouse’s companionship or comfort. It can also apply if your injury disrupts your ability to have sex, prevents you from having children or otherwise permanently impacts your family’s future well-being.

Punitive Damages

Punitive damages differ from compensatory damages because they do not seek to make the injured person whole. Instead, a punitive damage serves as a form of punishment or deterrent. If your injury is the result of another person’s negligence or wrongdoing, you may be awarded with punitive damages. In cases where punitive damages apply, there is often a cap on how much can be awarded.

Damages for Wrongful Death

The final type of compensation available for personal injuries are damages for wrongful death. If your loved one has passed away as the result of another person’s negligence or wrongdoing, you may be entitled to this type of compensation. Damages for wrongful death can include:

  • Medical bills incurred before death,
  • Pain and suffering experienced before death,
  • Expenses for the funeral and burial,
  • Emotional distress experienced by surviving family members,
  • Loss of financial contribution, and
  • Loss of consortium.

Get the compensation you deserve.

If you or your loved one have been injured, the attorneys at Cornerstone Law Firm can help. We will work on your behalf to ensure you receive the compensation you deserve. Call us today to schedule your free personal injury consultation.