The Different Types of Personal Injury Damages

Have you recently gotten injured due to circumstances outside your control, like another person’s negligent or malicious acts? Filing a personal injury lawsuit can help you recoup the financial losses you suffered during the experience and get justice for your traumatic ordeal. In addition, the litigation process can provide answers as to how and why the defendant caused your injury.

If the court rules in your favor and you receive a settlement from the defendant, that payment will be comprised of several categories of damages. What are the different types of personal injury damages you can expect to recover with that settlement? This guide from Rossman Law Group will break down those categories in layperson’s terms and discuss which costs you can recoup.

Primary Categories of Damages

You can recover three main subsets of damages in a personal injury lawsuit: economic, non-economic, and punitive. Both economic and non-economic damages are compensatory and designed to pay you back for money you lost or trauma you suffered. Punitive damages, meanwhile, punish the defendant and discourage them from similar negligent behavior in the future.

Economic Damages

When you meet with your personal injury lawyer in Boise to discuss your case, they will advise you to hang on to any bills that pile up during your ordeal.

Medical Bills

Significant medical bills are common in personal injury cases and are valuable evidence that your injury caused you financial stress. Save any bills you receive from the following healthcare-related services:

• Your hospital stay
• Prescription costs
• Physical therapy and rehabilitation
• Psychological therapy
• Costs of adaptive equipment and mobility aids

Lost Income and Earning Capacity

In addition, if you need to take time off work to recover from your injury, you will likely lose out on several paychecks. Lost income is a significant factor when determining the amount of your settlement, and doubly so if your injury resulted in a permanent disability that affects your ability to work.

Keep track of how much income you lose due to your injury. If your injury limits your ability to work in the future, seek documentation from your physician to confirm that.

Destroyed or Damaged Property

Was your injury the result of a car, bike, or motorcycle accident? If your car got totaled in an accident that left you injured, or if your bicycle got destroyed in a crash, a settlement can help recoup that loss. Discuss the details of the incident with your attorney, and make note of any property that got damaged or destroyed as a result.

Non-Economic Damages

Non-economic damages do not have a specific dollar value attached to them, but they are still deemed compensatory. Courts recognize that individuals who have suffered a severe injury often experience a lower quality of life as a result. These non-economic damages are meant to compensate plaintiffs for those losses that are not immediately quantifiable.

Pain and Suffering

You’ve probably heard the term “pain and suffering” before as it applies to the emotional effects of a personal injury. That pain can be physical, especially if your injury leaves you with chronic discomfort that must be managed by medication. But it can also be emotional or psychological, as you may experience a lack of joy or interest in your life after your injury.

Lower Quality of Life

Did your injury render you unable to participate in hobbies or activities that used to bring you joy? If your injury left you with limited mobility, you may not be able to play sports or get out into nature as easily as you used to. If you suffered a traumatic brain injury, you might have difficulty processing new information.

Non-economic compensatory damages are meant to provide restitution for that dip in your quality of life. While a monetary settlement will not instantly heal all your suffering, it can offer valuable financial flexibility as you grow accustomed to life after your injury.

Mental Anguish

While you can secure compensation for psychiatric care through economic damages, the actual psychological harm you suffer is more difficult to quantify. You may be asked to testify in court about the psychological trauma and anguish that your injury caused you. Many individuals who survive a serious injury report the following:

• Feelings of depression and loss of interest in life
• Increased anxiety and paranoia about getting injured again
• Symptoms of post-traumatic stress disorder (PTSD) related to the injury

Dismemberment or Disfigurement

If you had one or more limbs amputated due to your injury or were left with disfiguring scars, your body’s new limitations may compound your trauma. Amputations and severe burn scars limit your ability to move as you used to.

Individuals with amputated limbs sometimes experience phantom pain where the limb used to be, but it’s hard to attach a dollar amount to that pain. Non-economic compensatory damages can provide some restitution for that unique suffering.

Punitive Damages

The third major category of personal injury damages is not designed to compensate you for loss or suffering. Instead, punitive damages are what they sound like: they’re meant to punish the defendant for their wrongdoing and discourage similar negligence in the future.

Punitive damages are not awarded in every personal injury case—quite the opposite. Courts often reserve that punishment for defendants who acted in a particularly wanton or egregious manner. If the defendant knew that they were behaving dangerously or negligently and moved forward anyway, punitive damages may be appropriate.

What are the different types of personal injury damages you can expect to receive if you win a settlement in court? Some damages, both economic and non-economic, are meant to compensate you for losses you suffered, whether or not they’re quantifiable down to the dollar. Meanwhile, punitive damages are often assigned to defendants who acted egregiously or maliciously when they injured you.

If you have recently suffered a life-altering injury due to another party’s recklessness or negligence, talk to the savvy team of attorneys at Rossman Law Group. A talented personal injury lawyer can walk you through the litigation process and help you secure the compensation you deserve.