Types of Compensation You Can Receive From a Personal Injury Claim

Learn about personal injury claim compensation and find out the types of damages you may be entitled to if you’re injured in an accident. Free Consultation.

Types of Compensation You Can Receive From a Personal Injury Claim

When you’re injured because of someone else’s negligence, it’s only fair that you be compensated for your losses. If you win or settle your case, you may be entitled to receive personal injury claim compensation for medical expenses, lost income, pain and suffering, and other losses. Every case is different, so it’s important to understand the types of compensation that may be available to you. This blog post will give you an overview of the most common types of damages awarded in personal injury cases. Keep in mind that every situation is unique, so consult with a personal injury attorney to learn more about your specific case.

Types of Compensation for Personal Injury Claims

There are two main types of compensation for a personal injury case: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are meant to compensate a person for losses associated with their injury. This compensation can be for monetary losses or non-economic losses. Compensatory damages are awarded in the majority of personal injury cases.

Special Compensatory Damages

Special compensatory damages aim to return lost finances to the injured party. These can include medical bills, lost wages, and property damage.

Some common examples of special compensatory damages include:

• Reimbursement for medical expenses (including future costs)

This can include a range of expenses including emergency room visits, surgeries, prescriptions, physical therapy and more. Note that if you have health insurance and it covers some or all of your medical expenses before you receive your payout or settlement, your health insurer will likely need to be reimbursed once you receive damages.

• Lost wages (including future lost earnings)

If you lost time at work due to your injuries, compensatory damages are designed to reimburse you for this lost time.

• Property damages

If you had personal property that was damaged or destroyed in the accident, you may be able to receive reimbursement for these items.

General Compensatory Damages

General compensatory damages serve to compensate the injured party for non-economic losses. These can be more difficult to prove, but regular medical and/or therapeutic evaluations can help.

• Pain and suffering

Depending on the type of injury, medication prescribed, length of recovery time and permanence of the injury, you could receive monetary damages for your pain and suffering.

• Emotional distress

Similar to pain and suffering, you could also receive damages for any emotional distress caused by your injury.

• Loss of companionship or consortium

In cases involving serious injuries or wrongful death, the court may award compensatory damages to your spouse for lost wages and loss of companionship.

Punitive Damages

Punitive damages are a type of compensation meant to punish the at-fault party for their actions. These are only awarded in cases of gross negligence, malice or intentional misconduct. The purpose of punitive damages is to deter the at-fault party and others from engaging in similar behavior in the future

The amount of punitive damages varies greatly from case to case. Factors that may be considered when calculating punitive damages include the severity of the victim’s injuries, the at-fault party’s wealth, and the degree of the at-fault party’s negligence or malicious intent.

Other Important Things to Know

Failure to Mitigate Damages

In most cases, the law requires that you take steps to minimize the impact caused by your injury in order to receive compensation. If you decide to continue shopping after a car accident rather than seek help immediately, damages could be reduced or refused entirely.

Receiving Damages in Florida Based on Comparative Negligence

If you are injured in Florida and it is determined that you are somewhat at fault, the damages you recover will be reduced by your percentage of fault.

When to Contact a Lawyer

If you’ve been injured in an accident, it’s important to speak with a personal injury lawyer as soon as possible. A lawyer can help you understand your rights and options, and they will fight to get you the compensation you deserve.

Personal injury cases can be complex, so it’s important to have an experienced advocate on your side. The sooner you speak with a lawyer, the better your chances of getting the full compensation you’re entitled to. If you find yourself needing to speak with a lawyer, contact our team of personal injury attorneys at Avera & Smith. Our team of lawyers have worked to provide many successful outcomes for cases across the state, and we look forward to providing you with the same success. Call us today to schedule a free consultation.