You can claim many different types of damages in a personal injury case. You will need to work with a knowledgeable personal injury lawyer to determine how to calculate your total damages amount. Many cases are resolved through settlement negotiation, but it can be difficult for your case to settle if you have not performed a reasonable calculation of the total damages amount.
Compensatory Damages
One of the most important justifications for awarding injured plaintiffs damages is to compensate them for their injuries and losses. Compensatory damages are the most common type of damages awarded in personal injury cases.
General Damages
General damages compensate injured victims for those losses which are less quantifiable than other types of damages. Some common examples of general damages include loss of enjoyment of life, emotional distress, and pain and suffering. General damages may be more speculative due to the difficulty of ascertaining the value of these types of losses.
Special Damages
Special damages are more quantifiable than general damages. Common examples of special damages include medical bills, automobile repair bills, and lost wages. You may not be able to return to your former career due to the nature of your injuries, and you may claim your lost future wages as special damages in a personal injury case.
Punitive Damages
Punitive damages are designed to punish the defendant and to deter the defendant from committing the same conduct in the future. However, punitive damages are not awarded in every case. Punitive damages are only awarded in cases in which the defendant engages in conduct that is willful, wanton, and malicious.
Nominal Damages
Nominal damages are generally awarded as token damages to represent that another party was liable for your injuries. However, nominal damages are not substantial. Most nominal damages awards are $1 or less. These damages symbolize the fact that one party caused another injuries, but they do not compensate injured parties for their losses.
Liability and Damages in Personal Injury Cases
Sometimes cases are severed and liability is tried as a separate issue from damages. A party may be liable for a victim’s injuries, but the facts do not support an award of money damages. Also, it is possible that damages is the more controversial topic during a case because jururos may differ on what they believe is a reasonable amount of damages.
Personal injury cases often have convoluted facts that make the outcome of these cases unpredictable. It is possible for a jury to award different damages amounts in similar cases with comparable injuries. It can be difficult to ascertain how much a jury will award in damages based solely on the facts of a case.
Contact Justin L. Mason Today to Learn More About Personal Injury Law
You need to focus on healing from your injuries, and you can do so while a personal injury lawyer handles every aspect of your case. Being alone during this time can be intimidating, and you should know which legal options are available to you. By understanding how damages are quantified and assessed, you can develop a more effective case strategy at an early point in the litigation.