Harris Law Firm PA

Personal Injury Lawsuits: Forms of Compensatory Damages

Compensatory damages are one of many categories of damages that could be awarded in a personal injury claim, whether that claim is the result of a car crash, motorcycle accident, truck accident, or product liability lawsuit. The aim of compensatory damages, to the extent possible, is to make a person “whole again.”

In other words, the law attempts to restore the injury victim back to the position he or she was in prior to the injury.  The law does this through money damages, because there is no other way the law can make up for, or fix, the harms and losses sustained by a victim of personal injury caused by negligence of others.

Compensatory damages, depending on the facts of the case and the law which applies under those circumstances, include the following:

Medical Expenses

A personal injury plaintiff needs to demonstrate that bills and fees for medical treatment are associated with the injuries caused by the negligent event, i.e. traffic crash, motorcycle accident, semi crash, etc.  Even if medical expenses are paid for by health insurance, such as private health insurance, Medicare, or Medicaid, these insurers have the right, by contract and by statute, to be paid back what they spent on behalf of the injury victim. (Note:   Medicaid generally claims a lien of everything it has ever paid out on behalf of the injury victim, regardless of whether the payments were related to the accident injury.)

Future Medical expenses

The personal injury victim may make a claim for future medical expenses related to the accident injury.  This type of recovery is allowed if the injured party can prove that continued health care for the injury condition or pain is required. A medical opinion, such as the treating doctor’s opinion, is often required to permit the jury to create an approximate estimate on the costs.

Scarring or Disfigurement

If an injury or crash leaves scars or other personal outcomes on private look this kind of being a deformity or disfigurement, the plaintiff might collect damages to the psychological enduring that arises out of his or her awareness of this sort of. Disfigurement may perhaps from time to time be integrated as an element of a different kind of harm, this sort of as mental anguish.

Lost Income (Past)

Compensation for the amount of earnings (whether hourly wage or salary) the plaintiff would have earned from the time of the accident injury to when the judgment or settlement was reached.

Loss of Future Earning Capacity (Future)

the plaintiff ought to show that his or her ability to earn cash in the potential may be curtailed by the injuries. While previous earnings are deemed in identifying an suitable amount of compensation, the focus is on what the plaintiff might have earned had it not been for your harm or trauma. Other components used in finding out an appropriate amount include things like the plaintiff’s talents, expertise, skill, occupation, training, age, well being, and existence expectancy.

Value of Household Services (Past & Future)

A stay-at-home mom or dad provides household services.  These services have value, as after a serious accident, another person may have to be hired to help around the home, including cleaning, food preparation, and various other household chores and tasks.  Under the law, the value of these services are compensable.  Often, the court looks to what it would cost to pay someone (hourly rate) to perform these household duties.

Loss of Enjoyment of Life

The noneconomic harm of the diminished capacity to appreciate the daily pleasures of life, is often a form of pain and suffering damages.

Loss of Consortium (Spouse)

The physically uninjured spouse may often make a claim for loss of consortium, or in other words, being deprived of the benefits of married life because of the personal injury. The benefits of marriage include things like affection, comfort, solace, companionship, assistance, society, and sexual relations.

Loss of Consortium of the Child

Damages can be recovered by parents whose child’s injuries are severe enough to have significantly impacted the parents’ relationship with their child.

Loss of Consortium of the Parent

Damages can be recovered by children whose parent’s injuries are sufficient to have significantly impacted the child’s relationship with their parent.  There is no distinction between adoptive children, stepchildren, and biological children.

Pain and Suffering

This general category of non-financial damage includes past and future physical pain suffered in the accident in question.  The jury determines that length and severity of the injury which a plaintiff is likely to endure into the future.

Mental Anguish

Emotional distress, trauma, or mental anguish the plaintiff experiences as the result of the physical pain or from the auto accident, motorcycle crash, defective product, or truck crash, such as fright, apprehension, terror, nervousness, worry, anxiety, humiliation, embarrassment, shock, and grief.  This is often subsumed in the pain and suffering category of damages; however, physical manifestation of the emotional distress may give rise to a separate claim.

Do You Need Legal Help to Overcome Your Harms and Losses?

At the Harris Law Firm, we represent those who have been harmed through the wrongful conduct of others, including negligence, carelessness, and recklessness.  The person or company whose misconduct which not only creates harms and losses, but results in interference in one’s ability to pursue his or her life’s dreams, can often be held accountable to make up for those injuries through payment of money damages.

We are experienced, principled, and dedicated to the law and the clients we serve. Contacting us couldn’t be easier — email, online chat, or by phone.  Speak to an experienced injury lawyer and trial attorney today.