Did you know that almost all personal injury cases can get compensatory damages1? But, punitive damages are not as common as compensatory damages1. If you’ve been hurt, knowing what compensation you might get is key to getting a fair settlement.
There are two main types of personal injury compensation: compensatory and punitive damages. Compensatory damages help cover the costs of your injury. Punitive damages aim to punish the person at fault and stop them from doing it again1.
Key Takeaways
- Compensatory damages are available in almost all personal injury cases
- Punitive damages are less frequently awarded than compensatory damages
- Special compensatory damages cover things like medical bills and lost wages
- General compensatory damages deal with non-economic losses like pain and suffering
- Punitive damages are more likely in cases involving malicious or criminal acts
Understanding Compensatory and Punitive Damages
There are two main types of damages in personal injury cases: compensatory and punitive23.
Compensatory Damages
Compensatory damages help the injured person cover their losses. This includes medical bills for past and future care2. It also covers costs for disabilities, like making homes wheelchair-friendly or hiring nurses2.
Lost wages and property damages are also covered2. If someone dies from an injury, their family might get funeral costs covered2. Non-monetary damages include pain and suffering, like emotional distress and loss of enjoyment2.
Loss of consortium damages help spouses who lose out on things like affection and companionship2.
Punitive Damages
Punitive damages are meant to punish and deter bad behavior, not just compensate the victim2. In New York, people can seek these damages in civil court3. They are given to punish companies or people for things like medical mistakes or making dangerous products3.
These damages can also be given to individuals for things like drunk driving or breaking anti-discrimination laws in NYC3. Punitive damages are not always given and are usually less than ten times the compensatory damages2.
Structured settlements are another option, offering tax benefits and better recovery chances2.
Special Damages: Quantifiable Losses
Personal injury cases often involve special damages, also known as economic damages. These are the direct costs the injured person has paid out-of-pocket4. This includes medical bills, lost wages, property damage, and other financial losses directly tied to the injury5.
The court looks at medical bills, lost wages, and property damage to figure out special damages4. These damages aim to put the injured person back financially to where they were before the accident5. Serious injuries can lead to a lower future income because of a permanent disability5.
Missing work for days, weeks, or even months can also happen due to injuries5. Future medical costs for ongoing care are also part of the damages in a personal injury claim5.
Unlike general damages for pain and suffering, special damages are easy to measure and document4. A lawyer will carefully add up special damages to make sure the injured person gets paid for all their economic losses5. Special damages in personal injury cases are easier to figure out because they are clear and based on real financial losses5.
In Ohio, punitive damages in personal injury cases are capped at two times the amount of compensatory damages4. This means the defendant is held accountable for their actions, but the plaintiff isn’t overcompensated.
General Damages: Non-Economic Losses
Personal injury cases often deal with non-economic damages, known as general damages6. These damages cover losses that can’t be easily measured, like pain and suffering, emotional distress, and losing out on life’s joys6.
Pain and Suffering
Pain and suffering damages cover the pain and mental anguish from the injury and treatment6. The pain’s severity, long-term effects, and how it affects daily life are considered6. A lawyer can help figure out the right compensation for your situation7.
General damages also include emotional distress, losing out on life’s joys, loss of companionship, and disfigurement7. These losses are harder to measure but are crucial for improving the victim’s life quality7.
To calculate general damages, we look at similar cases and the injury’s details7. An experienced lawyer can guide you in getting fair compensation for your non-economic losses7.
| Type of Damages | Description |
|---|---|
| Special Damages | Economic losses like medical bills, lost wages, rehab costs, property damage, and other expenses6. |
| General Damages | Non-economic losses such as pain and suffering, emotional distress, losing out on life’s joys, loss of companionship, and disfigurement6. |
| Punitive Damages | Given for very bad behavior to punish the defendant and stop others from doing the same6. |
“A personal injury attorney can help calculate the full value of a case, especially for losses without a clear price tag.”7
Personal injury compensation types
There are several types of personal injury compensation you should know about. The main categories are general damages and special damages8. In some cases, you might also get punitive damages8.
Compensatory damages are the most common type. They aim to make up for your losses8. General damages cover things like pain and suffering that can’t be easily valued8. Special damages pay for things you can count, like lost wages and medical bills8.
Punitive damages are rare and given for extreme recklessness8. They’re meant to punish and prevent bad behavior8. The main reasons for damages are to compensate, hold accountable, deter, seek justice, and cover future costs8.
Personal injury cases can come from many things, like car crashes or nursing home abuse8. In New York, you usually have three years to sue, but some cases have different rules8.
If you’ve been hurt, knowing your rights and what you might get is key. Rosenberg & Gluck, L.L.P. can help you get the damages you deserve8.
| Compensatory Damages | Punitive Damages |
|---|---|
|
Awarded in cases of extreme recklessness causing injury, with the intent to punish and deter such behavior8. Punitive damages are far less common in personal injury lawsuits than general or special damages8. |
“The primary reasons for awarding personal injury damages are compensation, accountability, deterrence, justice, and funding for future needs arising from the injury.”8
Conclusion
Understanding personal injury compensation can be complex. It covers many types of damages, from economic losses to non-economic impacts. Super Attorneys Of Irvine knows how to navigate personal injury law. They make sure their clients get the compensation they need9.
If you’ve been hurt in a car accident, medical mistake, or a slip, their personal injury lawyers can help. They guide you through the legal steps and fight for your rights9.
The team at Super Attorneys Of Irvine looks at both economic and non-economic damages. This includes medical bills and lost wages, plus pain and suffering10. Sometimes, they can even get punitive damages to punish the wrongdoer, adding more to your compensation11. With their knowledge and dedication, they’re a top choice for personal injury compensation in Irvine.
If you or someone close to you has been hurt, reach out to Super Attorneys Of Irvine. Their skilled team will work hard to get you the justice and compensation you deserve.
FAQ
What are the different types of personal injury compensation?
What are compensatory damages?
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Source Links
- https://www.mithofflaw.com/personal-injury-compensation-types/
- https://www.justia.com/trials-litigation/docs/personal-injury-damages/
- https://www.odblaw.com/blog/compensatory-vs-punitive-damages/
- https://www.ageeclymer.com/blog/3-types-damages-personal-injury-cases/
- https://www.martinianlaw.com/general-damages-vs-special-damages-in-a-personal-injury-claim/
- https://1800lionlaw.com/types-of-damages-in-personal-injury-cases/
- https://www.chaliklaw.com/faqs/what-are-the-3-types-of-damages/
- https://www.lilawyer.com/blog/what-are-the-3-types-of-personal-injury-damages/
- https://www.straccilaw.com/blog/common-types-of-personal-injury-cases
- https://www.fosterwallace.com/library/types-of-damages-awarded-in-ks-mo-personal-injury-cases.cfm
- https://www.wallacepierce.com/firm-news/2024/march/types-of-damages-in-a-personal-injury-lawsuit/