What are Personal Injury Damages?
Personal injury damages refer to the compensation a claimant (the injured party) receives following a successful personal injury claim. Damages are intended to put the claimant back in the position they were in before the injury occurred, or as close to it as possible.
In the United States, personal injury damages can be divided into two main categories: compensatory damages and punitive damages. Compensatory damages are intended to make the claimant “whole” again, while punitive damages are intended to punish the defendant for their actions.
Compensatory Damages
Compensatory damages are intended to compensate the claimant for the losses they suffered due to the injury. These damages can include medical expenses, lost wages, pain and suffering, and loss of consortium.
Medical Expenses
Medical expenses are the most common type of compensatory damages. This includes all medical bills related to the injury, such as hospital stays, doctor visits, medications, and physical therapy.
Lost Wages
Lost wages refer to the wages the claimant lost due to the injury. This includes wages lost due to time off work for medical appointments or recovery, as well as wages lost due to the inability to work.
Pain and Suffering
Pain and suffering damages are intended to compensate the claimant for the physical and emotional pain and suffering they experienced due to the injury. This includes physical pain, emotional distress, loss of enjoyment of life, and loss of companionship.
Loss of Consortium
Loss of consortium damages are intended to compensate the claimant for the loss of companionship or support they experienced due to the injury. This includes loss of spousal companionship, loss of parental guidance, and loss of sexual relations.
Punitive Damages
Punitive damages are intended to punish the defendant for their actions. These damages are usually only awarded in cases of gross negligence or intentional misconduct. Punitive damages are usually much higher than compensatory damages, and are intended to deter the defendant from engaging in similar behavior in the future.
Conclusion
Personal injury damages are intended to put the claimant back in the position they were in before the injury occurred, or as close to it as possible. Compensatory damages are intended to make the claimant “whole” again, while punitive damages are intended to punish the defendant for their actions. It is important to understand the different types of damages available in a personal injury claim, as they can have a significant impact on the outcome of the case.
