Types Of Compensation In A Personal Injury Lawsuit
When it comes to getting compensated for a personal injury situation, it’s possible to acquire the compensation in more than one way. However, before you make a move in this aspect, I’ll ask you to gather as much information as possible quickly.
Or, you can also hire an attorney from Finz & Finz, P.C. They’ve been offering their expertise in this segment for quite some time and, therefore, know all the nooks and crannies.
Personal Injury Compensation – An Overview
In terms of compensation, there are two primary options you can choose from.
Keep reading this article till the end to know more about it.
- The compensatory damage will reimburse you for the expense related to the injury or injustice you’ve suffered. It should be available in almost every personal injury case.
- The punitive damage will punish the defendant or the responsible party for inflicting harm upon you. However, they’re awarded a little less frequently than the former.
Yes, both of these options sound quite similar to each other.
But, if you look at it closely, both of them will appear to be much more different than usual. Let’s move on to the next section to know more about it.
Compensatory Damage – Taking A Closer Look
Almost each and every personal injury case tries to get the injured person at least a little bit of the cost they’ve had to pay. However, the list of the application areas isn’t exhaustive. Hence, it’s always best to talk with an attorney before taking any further steps in this regard.
Type – 1: Special Compensatory Damage.
Also known as economic damage, this type of compensation usually includes out-of-pocket, quantifiable expenses. In simple words, if you’ve lost a part of your wage or had to spend on medical bills regarding your injury, you’ll be eligible for this one.
Proper examples of special compensatory damage may include –
- The expense regarding your medical bill, hospital stay, and treatment.
- The cost of your prescription medication that you have to pay until you’re healthy and are capable of working like before.
- The price of nursing home and at-home caretaking.
- The increase in living expenses due to your injury.
- The cost of your medical transportation (if you had to use an ambulance).
Apart from this, the aforementioned compensation will also be applicable for –
- The number of wages you have lost due to your injury.
- The expenses are incorporated with the property damage, including replacement or repair.
- The loss of an irreplaceable item or two.
Besides, the responsible person will also have to pay for the altered or canceled trip that you had the tickets for. Everything has to be reimbursed in one single payment.
Type – 2: General Compensatory Damage.
Sometimes, you won’t be able to offer any quantifiable version of the damages you’ve had to go through due to the injury. Then, it’ll fall under the general compensatory damage.
Here are some examples of the same –
- Suffering from long-term physical pain caused by an injury or accident.
- Emotional distress and mental anguish, including insomnia, PTSD, and depression.
- Lower quality of life due to the amputation of a part of their body.
In addition to these, you might want to consider the following as well, including –
- The loss of enjoyment because of not being able to do something that you enjoyed doing previously.
- Loss of companionship or consortium due to the injury.
- The inconvenience of living due to physical impairment and disfigurement.
This type of damage might be a little difficult to explain. So, if you’re confused about it, it’ll be better for you to talk with an attorney accordingly.
Type – 3: Wrongful Death Damage.
Wrongful death damage in an amalgamation of general and special compensatory cases. It will only be applicable if the incident has resulted in someone’s death.
The examples of wrongful death may include –
- The expense related to the burial of the deceased person and their funeral. (Special)
- Cost of medicinal care before the person had passed away. (special)
- Mental anguish and emotional distress of the surviving family member. (general)
- Loss of the wife, husband, or companionship. (general)
In addition to these, the loss of financial assistance and contribution will also be included in this aspect. Talk to your attorney to know more in this context.
Punitive Damage – What’s It All About?
As we’ve already mentioned before, a punitive damage claim won’t compensate for whatever you have lost. Instead, it will focus on punishing the person who’s responsible for the death of your loved one or the personal injury incident.
However, there’s a catch.
If the court believes that the amount of money you’re receiving isn’t enough, they’ll offer you a punitive damage claim.
It can be provided if the judge feels like the responsible party might affect your cause again. However, the decision will entirely rely upon the jury and court.
The chance of getting a punitive damage claim might increase if the responsible organization has done something such before. Therefore, before you make your claim, don’t forget to ask your attorney to do some background research on the defendant.
But, if you cannot prove your claim, the defendant might sue you for the attempt to damage their reputation. So, only opt for this alternative when you’re sure that you’ll win the case.
How To Claim Your Compensation?
Claiming compensation for your personal injury isn’t going to be easy at all. Remember, your opposing team will have a professional vouching for their innocence. Therefore, if you don’t have someone, to, by yourself, you might end up losing your case.
Hence, if you or someone you know has suffered a personal injury, don’t forget to hire or talk to an attorney right away. They’ll evaluate your case closely and let you know how you must act to make the most out of your case.
In addition to this, you can also take their help with the negotiation procedure and completing paperwork accordingly. Hopefully, it’ll all work out in the right manner in the end.
Good luck!
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