Explaining the Different Types of Damages in Personal Injury Claims

Personal injury claims can feel overwhelming, especially when you’re trying to understand the types of damages you might be entitled to. Don’t worry; I’m here to break it down for you in simple terms. Let’s dive in!

1. Special Damages (Economic Damages)

Imagine this: You’ve been injured in a car accident, and now you’re facing medical bills, lost wages because you couldn’t work, and repair costs for your vehicle. These are all examples of special damages, also known as economic damages.

They’re the actual financial losses you’ve suffered due to the injury. They’re pretty straightforward to calculate because they’re based on receipts, bills, and other concrete evidence of your expenses.

2. General Damages (Non-Economic Damages)

Now, let’s talk about the less tangible stuff. General damages, also called non-economic damages, compensate you for things that are harder to put a price tag on. This includes pain and suffering, emotional distress, loss of enjoyment of life, and even loss of companionship in some cases.

Since these damages are about the ways the injury has affected your life beyond just the money you’ve spent, they can be a bit trickier to determine. They often require discussions about your experiences and the impact the injury has had on you.

3. Punitive Damages

Picture this: The person or company responsible for your injury acted recklessly or intentionally. Punitive damages come into play in situations like these. They’re not about compensating you for your losses but about punishing the responsible party and deterring similar behavior in the future.

Courts don’t award punitive damages in every case, but when they do, they can be a significant additional amount on top of your compensatory damages.

4. Nominal Damages

Sometimes, the court might recognize that your rights were violated, but you didn’t suffer any significant harm. That’s where nominal damages come in. They’re like a symbolic acknowledgment of the wrongdoing, usually awarded in small amounts.

How Are Damages Calculated?

Calculating damages involves adding up your special damages—like medical bills and lost wages—and then considering factors like the severity of your injuries and the impact on your life to determine general damages. Punitive damages, if applicable, are usually calculated separately and are based on factors like the behavior of the responsible party and their financial situation.

Personal injury claims can be complicated, but understanding the types of damages available can help you navigate the process. Whether it’s covering your medical expenses and lost wages or compensating you for the pain and suffering you’ve endured, damages are there to help you get back on your feet after an injury.

If you’re ever unsure about what you’re entitled to, don’t hesitate to reach out to a legal expert, like Zaber Law in Strongsville, OH, who can guide you through the process.