subject: What Is Considered When Personal Injury Compensation Awards Are Determined? [print this page] People are involved in accidents that have been caused by others every day of the week. If the accident is serious it might cause them to take time off from work. And if that happens then the cost of their medical bills can really begin to pile up.
When someone is involved in an accident he or she has the right to sue the person or company that was responsible. The amount of compensation that a person could receive will depend on a number of things such as the victim's earning capacity, the cost of their medical care and treatment, compensation for their pain and suffering, damage or loss of their property, loss of consortium, loss of enjoyment, and punitive damages.
Earning Capacity
The amount of time that the injured party spends in the hospital and away from work throughout their recovery will inevitably mean that they have lost income. It could also mean that their future income will be lost. And they might lose their job as well.
Earning capacity compensation aims to cover you for the amount of income that you lost and could earn in the future if you hadn't been injured.
Medical Care and Treatment
Medical treatment and care includes doctor's fees, hospital bills, medication, and future expenses for any treatment (including occupational and physical therapy) that you will have to undergo as a result of the injuries sustained due to the accident.
Pain and Suffering
This type of compensation is an attempt to give you monetary compensation for all of the pain and suffering that was caused by the accident. A number of states include emotional distress in this category while other states treat it separately.
Loss of Property
In situations such as automobile accidents, the part at fault should be required to pay for the replacement or the repair of your property. This will be based on the fair market value of the property at the time of the accident.
Loss of Consortium
If the accident has prevented you from enjoying any of the familial benefits with regards to things such as companionship, affection, care, and closeness, then you may be compensated for a loss of consortium. This also includes any decrease, change or cessation of sexual activities with your spouse.
You may also be compensated if the accident negatively affected your relationship with your children. This would include an inability to play with them or take care of them.
Loss of Enjoyment
If you can no longer pursue hobbies and activities that you enjoyed before the accident then you may be awarded loss of enjoyment compensation.
Punitive Damages
If your personal injury was caused by a malicious act, an intentional act, carelessness or negligence then the court may require the defendant to pay punitive damages. The purpose of punitive damages is to send the message to the defendant that he or she cannot repeat the act. And, because punitive damages are often for large amounts of money, it tends to send a message to other people as well about the consequences of a malicious act.
