Common Compensatory Damages of Personal Injury Cases

Personal Injury Lawyer

An injury sustained due to the negligence of another is likely traumatic and, in many instances, life-altering. Therefore, it is only right that the injured party can recoup financial damages in the way of providing restitution for their suffering. While some states may permit punitive damages for particularly egregious or reckless behavior, most states limit plaintiff actions to compensatory damages, which still provide an array of claims to assist in recovery, both financially and emotionally.

Future and Current Medical Expenses

Likely the most common category of compensatory damages, medical expenses are meant to help a claimant recover some of the money they have spent on their recovery. While the amount awarded will likely depend on your health insurance and physical injuries, this type of damage claim can help to alleviate your current financial burden. Also, you can attempt to sue for future medical expenses if your injury will require ongoing care. However, to make a claim on future expenses, you may need expert testimony as well as previous medical bills to demonstrate future costs.

Out-of-Pocket Expenses

While not as common, you can attempt to collect on out-of-pocket expenses. However, you will need to demonstrate or prove how the accident caused the loss. For example, if the clothing you were wearing was ruined because of the staining caused by the accident, then you can file to recover the costs of the clothes you were wearing. This idea extends to other personal belongings and enlisted services not already covered.

Lost Wages

If the accident and injury sustained has caused you to miss work, then you may be entitled to file damages for lost wages. Also, if the injury you sustained has inhibited your ability to work or to work in your current profession, you may be able to file for future lost wages, called loss of earning capacity.

Pain and Suffering

Lastly, some states will allow you to file a pain and suffering claim. These claims often relate to the emotional distress caused by an injury. For instance, the claim can be made because of the pain or stress endured. These claims can even focus on the humiliation that you may have experienced because of your injury.

Personal injury damages are often compensatory and not punitive, but the courts have designed these damages to offer some form of restitution. If you are interested in pursuing legal action because of an injury you have sustained, then contact a personal injury attorney to discuss the merits of your case.

Source: Personal Injury Lawyer Deer Park, TX, John K. Zaid & Associates