Types of Damages You Can Recover in a Personal Injury Case
Posted on May 26, 2020 in Personal Injury
One of the most important parts of a personal injury case is determining how much compensation an injury victim will receive. There are various types of compensation available for those who have been harmed due to the negligence of others. It is vital that an injury victim understands each of the following damages so they can receive maximum compensation for their claim.
What Are Special Damages?
Special damages are also called economic damages. These are costs that an injury victim will incur that are relatively easy to calculate. This can include coverage of all medical expenses related to an incident, such as:
- Initial emergency care
- Care from all professionals involved (nurses, assistants, technicians, and doctors)
- Diagnostic test expenses
- Home health care costs
- Physical therapy
- Surgery costs
- Mobility devices (wheelchairs, walkers, scooters, etc.)
- Prescription medication costs
Special damages can also include coverage of lost income a victim incurs if they cannot work while they recover, as well as a loss of future income if a victim can no longer work due to a disability caused by the injury.
What Are General Damages?
General damages are also known as non-economic damages. This refers to the suffering that a victim endures that is caused by their injuries. The most common types of general damages that personal injury victims are awarded include:
- Pain and suffering damages
- Mental anguish damages
- Loss of enjoyment of life damages
This type of compensation can be harder to calculate than special damages because there are no bills or medical records that can properly quantify how much pain and suffering a person endures. These damages will typically be calculated by taking the total of the special damages and multiplying them by a certain number (1.5 to 4).
What Are Punitive Damages?
In some personal injury cases, punitive damages may also be awarded. Punitive damages are meant to punish the person who caused the injuries and deter that person (and others) from engaging in the same behavior in the future. Punitive damages are generally only awarded when a defendant is found guilty of intentionally malicious actions or gross negligence.
How Much Compensation Is Awarded in a Personal Injury Case?
There is no set amount of compensation awarded to victims of personal injury cases. Instead, the total amount awarded will depend on the various factors involved in each particular case. In general, cases that involve more serious injuries result in higher compensation awarded for both special and general damages. A skilled San Francisco personal injury lawyer will work with medical and economic experts to properly calculate a victim’s total losses before entering into negotiations with an at-fault party or insurer.
Seek Assistance Today
If you or somebody you care about has been injured due to the negligence of another person, you might need to seek legal assistance as soon as possible. At Walkup, Melodia, Kelly & Schoenberger, we pledge to investigate every aspect of your case in order to secure the compensation you are entitled to. We are not afraid to take on aggressive insurance carriers, and we are willing to take your case all the way to trial if necessary to secure maximum compensation. You can contact us today for a free consultation of your case by clicking here or calling your location number on our contact page.