Personal Injury Damages that may be RecoveredIf you have suffered personal injury damages as a result of another partys negligence or willful, intentional act, one thing you will want to know is what personal injury damages are you allowed to recover in a personal injury case. What damages will the law allow you to recover?
You will also probably want to know the amount of the personal injury damages that you will be awarded if you win your case. You should know that the amount of the personal injury damages are determined by a jury on a case-by-case basis. In some instances, the court may review your award and change the final amount without an appeal or a new trial.
With this in mind, what personal injury damages are you allowed to recover in a personal injury case? One kind of personal injury damages that you are allowed to recover is known as compensatory damages. These are monetary damages to repay you for losses that you have suffered.
The purpose of compensatory damages is to try and place you in the same financial position that you were in before you suffered the damages. What compensatory damages do is to place a monetary figure on your injuries. In so doing, compensatory damages are trying to restore you not only financially, but also emotionally and physically.
Compensatory damages include monetary losses for:
Lost wages - You are permitted to recover any wages that you have lost because you were unable to work while you were recovering from your injury. In addition, if you suffered any lost earning capacity because of your injury, you are allowed to recover this.
Medical expenses - You are allowed to recover both your past and future costs of medical care and rehabilitation that you may require. Your future medical costs are determined by estimating what your future medical needs may be for the rest of your life in light of your injury.
Cost of living with a disability - If your injury means that you are going to have to alter your lifestyle in a significant way, the costs involved in this lifestyle change may be covered.
Replacement or repair of property - If you had property damages, you are allowed to recover the costs of these damages, which is determined by the propertys fair market value at the time of your injury.
In addition, compensatory damages also include what are known as non-monetary losses. These include:
Pain and suffering - This is a monetary amount for the actual physical pain and emotional distress that you suffer as a result of your injury.
Loss of consortium - This is a monetary amount for the deprivation of the benefits of a family relationship because of your injury.
The other kind of personal injury damages that you may recover are called punitive damages. The purpose of punitive damages is not to compensate you, but to punish the party responsible for your injury and to try and keep anyone else from engaging in the actions that led to your injury.
In order to receive all of the personal injury damages that you are entitled to, you will need the help and advice of a personal injury attorney.
article written by James Shugart
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