subject: Types Of Personal Injury Damages [print this page] Personal injury damages awarded after a victim won a civil lawsuit largely depends upon the jury and the amount of actual losses he sustained.
The jury awards damages on a case-to-case basis and one case is always different from the other.
If the damages awarded by the jury are deemed too much or too little by the courts, the judge may increase or decrease the amount without going through another trial.
Damages given in personal injury lawsuits are usually monetary in nature.
They are usually under these two types:
Compensatory Damages
Compensatory damages represent everything that the victim has lost because of the personal injury.
The goal of giving the victim compensatory damages is to place him in the same position he would have been in if not for the personal injury, or at least the closest thing it is in terms of monetary value.
Compensatory damages places a dollar value on all the losses of the victim including financial, physical and emotional losses.
Comparative damages are divided into two; they are monetary and non-monetary.
Monetary losses refer to losses that actually have a dollar value and that includes:
Medical Cost This should cover the expenses for past and future medical treatment of the victim for the injuries he sustained from the accident.
Lost Income This refers to the lost wages or salary because the victim missed work as a result of the injuries.
Property damages This refers to the coverage of the properties that have been damaged as a result of the accident.
Disability costs and expenses If the victim is disabled as a result of the injury and has to adapt to changes brought by the disability. The damages will cover the costs that will come with those changes.
Non-monetary losses on the other hand refer to losses that normally have no dollar value that includes:
Pain and suffering This refers to the pain that the victim felt as a result of the injury. This includes both physical and emotional pain. Emotional pain can refer to anger, frustration, depression or loss of enjoyment that is related to the injury.
Loss of consortium The spouses or partners of the victims of personal injury may also receive damages for intangible elements of marriage that was lost because of the accident. This includes companionship, affection, solace, and sexual relations.
Punitive Damages
Although the victim is the recipient of this, the real goal of punitive damages is to punish the defendant for the injuries that he caused as a result of his negligent actions.
It is not awarded in every case especially if the defendant shows remorse for his actions.
However, if the courts find that it is needed, it will award punitive damages to give a message that the defendant should not repeat similar acts.
Receiving Damages
Instead of a lump sum, huge damages are often given in the form of a structured settlement where the payment are not given as a whole but in staggered amounts.
This will benefit both parties as the effect to the finances of the defendant will not be as huge and the victim can prevent the victim from spending the money all at once.
However, each case is different so it is recommended that you consult your personal injury lawyer to know your best option.
