What Kind of Damages Can You Sue For in a Personal Injury Case?

In a personal injury case, you can sue for a variety of damages depending on the nature and extent of your injuries, as well as the impact they have had on your life. Damages in personal injury cases are typically categorized into economic and non-economic damages, with some cases also allowing for punitive damages. Here is an overview of the types of damages you may be able to sue for in a personal injury case:

1. Economic Damages

These are damages that compensate for financial losses resulting from the injury. They are usually measurable and can be calculated based on actual costs incurred.

• Medical Expenses:
  This includes costs for all medical treatment related to the injury, such as:
  • Hospital bills
  • Doctor’s visits
  • Surgeries
  • Physical therapy
  • Chiropractors
  • MRIs and other scans
  • Medications
  • Future medical expenses (if the injury requires long-term care or ongoing treatment)
• Lost Wages:
  If the injury causes you to miss work, you can recover compensation for the wages you lost during your recovery period. This can also include compensation for any future loss of income if you are unable to return to work or if your ability to earn income is reduced due to the injury. This is also classified as a Lost Earning Capacity Claim.
• Out-of-Pocket Expenses:
  These are any other expenses incurred as a result of the injury, such as transportation costs for medical appointments, home modifications for disability accommodations, or hiring help for daily tasks you can no longer do yourself.

2. Non-Economic Damages

Non-economic damages are designed to compensate for the intangible, non-monetary losses that the injured person experiences. These damages can be harder to quantify but are equally important.

• Pain and Suffering:
  This refers to the physical and emotional distress caused by the injury. Pain and suffering can include the agony of physical pain and how it affects your life on a daily basis, as well as the emotional toll, such as anxiety, depression, or anguish, that the injury causes. Courts use various methods to estimate this, often using a multiplier applied to economic damages or a per diem approach.
• Emotional Distress:
  This covers the psychological impact of the injury, such as trauma, anxiety, depression, post-traumatic stress disorder (PTSD), or fear of re-injury. Emotional distress is often factored into the pain and suffering award.
• Loss of Consortium:
  This refers to the loss of companionship, affection, and intimacy that one spouse or partner may experience if the other is severely injured. If the injury impacts the relationship, the non-injured spouse may be entitled to compensation for this loss.
• Loss of Enjoyment of Life:
  If your injuries prevent you from enjoying activities or hobbies that you previously enjoyed (such as sports, travel, or hobbies), you may be compensated for the diminished quality of life.
• Disfigurement or Scarring:
  If the injury causes permanent scarring or disfigurement, you may be entitled to compensation for the lasting physical changes that affect your appearance and potentially your self-esteem.

3. Punitive Damages

Punitive damages are awarded in certain cases where the defendant’s behavior was particularly egregious or malicious. These damages are not intended to compensate the victim for losses but rather to punish the wrongdoer and deter others from committing similar acts. As you can imagine, they are very rare.

• Purpose:
  Punitive damages are typically awarded in cases of gross negligence or intentional misconduct, such as in cases of drunk driving, fraud, or extreme recklessness. These damages are rare and are only awarded if the defendant’s actions were especially harmful.
• Example:
  If someone intentionally caused harm or acted in a particularly dangerous way (e.g., a drunk driver causing a crash), punitive damages may be awarded on top of compensatory damages to send a message of deterrence.

4. Other Damages in Specific Cases

In certain cases, additional types of damages may be applicable depending on the circumstances. Some examples include:

• Wrongful Death Damages:
  If the victim dies as a result of the injury, their surviving family members may be able to pursue a wrongful death claim. These damages can include:
  • Funeral expenses
  • Loss of financial support
  • Loss of companionship and love
• Loss of Future Earning Capacity:
  In cases where the injury results in permanent disability or a reduced ability to work, the victim may be entitled to compensation for future loss of earnings. This can take into account the individual’s pre-injury earning potential, career path, and how the injury impacts their ability to earn money moving forward.
• Spousal Support for Loss of Care:
  In cases where a spouse is severely injured, the non-injured spouse may be entitled to damages for the loss of the care and support they provided to the injured party, especially if the injury requires long-term assistance.

Conclusion

The types of damages you can sue for in a personal injury case generally fall into economic (financial) and non-economic (intangible) categories. Economic damages cover actual financial losses like medical expenses and lost wages, while non-economic damages compensate for pain, suffering, emotional distress, and other non-tangible losses. Punitive damages may be awarded in cases of gross negligence or intentional misconduct. The goal is to make the injured party whole again, to the extent possible, and to provide compensation for the impact the injury has had on their life.

If you are pursuing a personal injury claim, it is important to consult with an experienced personal injury attorney to ensure that all potential damages are accounted for and that you are fairly compensated. At Marcotte Law Firm, our experienced Lowell Personal Injury Lawyers know how to prove damages and get you the compensation you deserve. Call us today.