Understanding Damages in a Personal Injury Case
Personal injury cases encompass a wide range of incidents, from car accidents to slip and falls. In these cases, victims are often entitled to seek “damages,” or monetary compensation for their injuries. In short, you can usually try and recover three types of damages in a personal injury case – economic damages, non-economic damages, and punitive damages.
What Are Damages in a Personal Injury Case?
In the context of personal injury law, “damages” refer to the monetary compensation that is awarded to an injury victim by a court or through settlement negotiations. This compensation is designed to compensate you for the losses you suffered because of a defendant’s negligence or wrongful actions. Damages aim to restore you to the position you were in before your injury occurred.
Personal injury damages are usually categorized into three primary types:
- Economic,
- Non-economic, and
- Punitive
What are Economic Damages?
Economic damages refer to your losses to which a specific dollar amount can be assigned. These damages are sometimes referred to as “special damages.” Compensation for economic damages is designed to repay you for “out-of-pocket” amounts you actually spent or will be required to spend in the future.
Examples of economic damages include:
- Medical expenses,
- Lost wages,
- Lost future earning capacity, and
- Property damage.
What are Non-Economic Damages?
Non-economic damages refer to a separate category of compensation that you may recover in a personal injury case. They are sometimes referred to as “general damages.”
Unlike economic damages, non-economic damages do not necessarily involve out-of-pocket expenses or a particular sum of money. They are more subjective in nature and may include such things as:
- Pain and suffering,
- Emotional distress,
- Physical impairment (such as loss of the use of a limb),
- Disfigurement,
- Loss of consortium,
- Inconvenience, and
- Loss of enjoyment of life.
What are Punitive Damages?
In certain situations, a judge or jury may award punitive damages in a personal injury action. Punitive damages are not meant to compensate you for your losses. Rather, they are intended to punish the defendant for gross negligence, intentional harm, or willful misconduct. Their goal is to deter the defendant and others from similar conduct in the future.
Questions?
Contact Nelson Injury Law for Help!
If you were injured in an accident, let us shoulder the burden of your case. Your focus should be on healing from your injuries. The skilled injury attorneys at Nelson Injury Law are here to help. Please call us now for a free consultation.
Eric S. Nelson, owner of Nelson Injury Law, is an experienced trial attorney who will provide you with wise and compassionate legal counsel and representation through each stage of your case. Remember, you pay nothing if we do not win your case.