Compensation for Personal Injury Claims

Economic Damages

In a civil case seeking monetary compensation for personal injury, plaintiffs may be entitled to more than just damages for their suffering.

A key type of damage is economic damages, also known as special damages. These cover actual expenses incurred by the personal injury victim and can affect them financially both now and in the future.

Economic damages are relatively easy to calculate, as they involve quantifiable financial losses. Plaintiffs can support these claims with receipts, police reports, and video evidence from the accident scene.

Here are some examples of economic damages in a personal injury case:

Loss of Income (Past and Future)

While many special damages can be substantiated, proving a loss of income can be particularly challenging due to the various factors involved in calculating compensation.

The severity of the injury is crucial in determining whether a loss of future income is justifiable. This depends on whether the victim can still work and if they can perform at their previous level of productivity.

Future damages are assessed based on their present value, evaluating if the injuries will affect the victim’s potential for career advancement or salary increases.

Conversely, past loss of income is more straightforward to determine. It is calculated by documenting the number of workdays missed due to the injury and the corresponding earnings that would have been made if the plaintiff had been working.

Medical Bills (Past and Future)

Medical bills and expenses cover the out-of-pocket costs incurred by plaintiffs following an incident, which can also affect any lost earnings due to seeking medical care.

When plaintiffs receive treatment, health insurance companies often place a medical lien on the case, meaning they will be reimbursed from the settlement.

However, medical expenses directly paid by the injury victim are eligible for reimbursement, provided they can present the necessary documentation and receipts in court.

Additionally, plaintiffs may be reimbursed for future medical costs if their injuries are permanent and require ongoing treatment for recovery and improvement.

Punitive Damages

Punitive damages, also known as exemplary damages, are awarded in court when a party's actions exceed mere negligence and are deemed intentional or carried out in bad faith regarding someone's safety.

These damages aim to address the harm caused by the responsible parties and highlight the severity of their conduct, which has led to both economic and non-economic damages for the plaintiff.

For instance, if two individuals are involved in a physical altercation and one person intentionally causes maximum harm rather than just defending themselves, punitive damages may be considered.

The more severe the misconduct, the more likely punitive damages will be awarded, which can also lead to further legal consequences, including potential criminal charges for the defendant.