Types Of Damages In A Personal Injury Claim

Within the legal system, several different types of compensation are awarded in personal injury cases.  Regardless of what point you are in the process of your legal case, you must understand the type(s) of compensation available for those claiming personal injury.

Below is some information on the various types of compensation related to personal injury. It can prove highly useful as you move through the process of the claim, to the negotiations, and eventually to your trial.

Personal Injury Compensation

There are two primary types of compensation for damages due to personal injury – compensatory and punitive damages.  Under these two main types fall several different categories.

-         Compensatory damages

With these types of damages, the party deemed guilty must reimburse or compensate the injured party for any and all costs related to the individual’s personal injury. Most all cases involving personal injury will have one of these types of damages available.

-         Punitive damages

With these types of damages, the party deemed responsible is punished for the harm caused to the injured party.  The damages are not concerning the type or extent of injury sustained by the victim(s) and, as a result, are awarded much less frequently than compensatory damages.

Essential to keep in mind is that these two types of compensation are the forerunners to other compensation that you could receive (except for worker's compensation.)  The sub-categories of compensation are more specific and, as a result, branch out.

Compensatory Damages

The primary goal of almost all personal injury claims is aiding the injured party in recovering compensatory damages.  Worth noting is that you would best be served by reaching out to a personal injury attorney to ensure you will receive the compensation you deserve.

-         Special compensatory damages

Also referred to as "economic damages," this form of compensation typically includes any and all out-of-pocket expenses incurred by the victim. These damages may also include any loss of income due to injuries received during your accident.  Examples of compensatory damages may include:

Past and future medical expenses

Those expenses for repair or replacement of damaged property

Past and future loss of wages or capacity to earn an income

Loss of those items that are irreplaceable

Miscellaneous other expenses

-         General compensatory damages

The above costs can be demonstrated through receipts and tallied up into a quantifiable figure.  However, there are those costs that are not so easily quantifiable. Examples of these types of damages include:

Pain and suffering on the injured individual's part

Reductions in the overall quality of life

Loss of life enjoyment

Loss of companionship

Physical impairment or disfigurement

Of the above types of damages, general damages often need to be clarified.  Your personal injury attoney will help you better understand every compensatory damage that may apply in your case.

Punitive Damages

Unlike the above compensatory damages, punitive damages are not intended to provide compensation the injured party for their losses.  Punitive damages are designed to punish the responsible party for the personal injury or loss of a loved one that may occur.  Suppose the court determines that the amount of compensatory damages awarded is insufficient to deter the responsible party from repeating the same "mistake" again.  In that case, the injured party may be awarded punitive damage.

The odds of receiving punitive damages significantly increase if the court determines to have reason to believe that the party acted with either gross or malicious conduct, committed fraud or assault, or caused financial issues to a vast extent.

Claiming Compensation

A personal injury attorney is trained to make sure that those individuals at fault are made to own up to their mistakes.  They will work to ensure their clients have their needs covered, even if it means taking the fight into the courtroom.

If you feel you have been a victim of those who has or mean to cause you harm, and refuses to own up to their responsibility, then you are best served to seek out a personal injury attorney.

The Bryant Law Firm has helped thousands of injury victims in the Greater Houston Area and all across Texas.  Let David A. Bryant,Jr. help you get the appropriate medical treatment and compensation you deserve.

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