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Are There Personal Injury Damages That Cannot be Recovered

Are there personal injury damages that cannot be recovered? You may be asking this question if you are thinking about filing a personal injury lawsuit.

You may have sustained personal injury damages due to the negligence or intentional, willful act or behavior of another party. That party may have been a person, persons, business or entity.

In law, personal injury damages are defined as being, “A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another.” In other words, personal injury damages are monetary compensation that you receive for injuries you have suffered at the hands of another.

Many kinds


There are many kinds of damages that can be recovered in a personal injury lawsuit. These include lost wages and future lost wages, medical and future medical expenses, present and future pain and suffering and loss of consortium.

However, what you would like to know is, “Are there personal injury damages that cannot be recovered?” The answer is, “Yes,” there are.

If one of your personal injury damages is the loss of a loved one’s life, no amount of money can recover that loss. Nothing can bring back a human life that has been lost. However, seeing the party responsible for your loved one’s death pay for what they have done may help bring some comfort, consolation or closure.

Cannot make up


If one of your personal injury damages is the loss of a body part, such as a hand, arm, leg or eye, no amount of money can make up for your missing body part. Again, compensation for that missing body part may help bring you some relief and comfort for that loss.

In most instances, you cannot recover personal injury damages for being verbally insulted. While a person’s words can certainly cause you pain and suffering, the law recognizes that there are times when people are going to be rude. Putting up with unpleasant people is something we all have to do. Obviously, this does not include slander, which can be the basis of a personal injury lawsuit.

You usually cannot recover personal injury damages for things that are regarded as being too speculative or remote. For example, you cannot recover damages for a job you were going to apply for but never had.

Attorney fees


Attorney fees also usually cannot be recovered, even though you are required to pay them. In most instances, however, a personal injury attorney can get you a higher compensation that will be more than enough to cover attorney fees.

The good news is that most personal injury attorneys work on a contingency fee basis. This means that you do not owe them anything unless they win your case. If they lose your case, you may not owe them anything at all, although there can be attorney fees and court costs you may have to pay.

The smart thing to do is to let a personal injury attorney evaluate your case and the damages you can recover at no cost or obligation to you.

Article written by James Shugart

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