The beginning of every personal injury lawsuit is proving negligence. The third is causation and here the plaintiff shows that the other party’s negligence caused the injury. Lastly, in case the injured party is able to show the two things, they, then, will have to decide the damages (the amount of money claimed or awarded as compensation for loss or injury) they are seeking to recover in the lawsuit. In a personal injury case, recoverable damages are divided into two main kinds—compensatory and punitive. Plaintiffs should be able to differentiate between the two and this will help them to know whether one (or both) of the types can remedy their claim.
1. Compensatory Damages
The first type of recoverable losses, referred to as “compensatory damages,” involves money paid to a plaintiff that covers one’s losses and injuries caused by the accident. Compensatory damages are awarded to an injured party so that they can be healed financially like they were before the accident or as close as possible. Within the category of compensatory damages, there are two main sub-types: economic injuries and the ones that are not economic.
Economic compensatory damages are those damages which require money to be compensated, as it is apparent from the name. Such categories of compensatory damages are rather obvious and correspondingly easy to determine. They include:
• The medical expenses – the bills for past, present and future medical care and treatments resulting from the accident which consist of doctors’ bills, pharmacy receipts, x-rays reports and other healthcare bills – are summed up.
• Income loss – the money to compensate the work wages you have lost + the amount of money you would have earned in the future, if not for the accident, based on the accident victim’s “loss of earning capacity”
• Property damage – compensation for any cars, clothes, or other personal stuff that has been damaged
Legal costs (litigation costs) – expenses, related to the initiation of the lawsuit (lawyer’s fees, etc.).
On the other hand, are non-economic or hedonic compensatory damages which are intangible injuries to the claimant. Economic losses of the family, however, can be easily calculated, since they sell things. Namely, they have receipts and invoices.
However, the State has a cap on the amount of monetary awards allocated for non-economic damage (excluding physical impairment resulting from catastrophic injury and also disfigurement) in injury and wrongful death claims. Compensatory damages that fall under noneconomic injuries include:
• Pain and suffering – meaning either serious discomfort or physical pain – which arose directly after the accident, or in the immediate aftermath…includes also any ongoing or future pain that can be directly attributed to the accident.
• Psychological trauma, i.e. emotional distress – is a psychological injury caused to a plaintiff. It includes but is not limited to anxiety, fear, loss of sleep, etc.
• Loss of enjoyment – injuries caused by the accident keep a victim from doing usual activities and hobbies due to pain torture
• A physical disability or disfigurement – classified as a whole category by itself, these injuries involve visible scars, paralysis, brain damage amongst other effects, and the level of compensation is determined by the nature, extent and duration of the injury.
The calculation of such losses has no uniform algorithm. Several things can affect this quite often, being among them the working especially, preexisting injuries and lifestyle. The above and other reasons make it prudent to have a Denver personal injury attorney can handle such cases on your behalf.
2. Punitive Damages
Punitive damages also called exemplary damages are the second type of recoverable damages in personal injury litigation. The punitive damages are not applicable in every case. However, they are preferred to be used in some certain situations to punish wrongful act of the at-fault party. Punitive damages are neither of an economic nor a non-economic nature, moreover, punitive are reserved for offending parties who displayed behavior that is deemed to be so reckless or hazardous that it is considered a demonstration of malice or willful disregard for the safety, health and rights of others. For example, if a car manufacturer knows that the gas tank in its vehicle is likely to explode upon impact but does nothing to change the design in fear of the cost, then their behavior could be classified as willful and punitive charges may be filed.
Obtaining Compensation for Your Injury Claim
Knowing the differences between compensatory and punitive damages is a necessity when trying to legally go after reimbursement for injuries caused by another individual or party. But before you start pursuing compensation for your losses, you must first establish fault.
To discuss how you can prove negligence and causation in your injury claim, schedule a free consultation with an experienced Personal Injury Lawyer in California today.
