What Types of Damages Can You Recover in an Injury Case?

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What Types of Damages Can You Recover in an Injury Case?

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Posted By DAM Firm | August 19 2020 | Personal Injury

Sustaining an injury can be a major setback for a victim. Injuries are more than just a simple inconvenience. Anybody who has been injured in an accident caused by the careless or negligent actions of another person should be able to recover compensation for their losses. While many injuries caused by other parties are relatively minor, that is not always the case. A personal injury can result in significant financial disruption for a victim and their family.

If you or somebody you care about has been injured by the negligence of another party, you may wonder how much compensation you will receive. Here, we want to focus on the various types of compensation that may be recoverable in the aftermath of sustaining an injury.

There Are Various Types of Compensation Available and Personal Injury Cases

In the aftermath of sustaining an injury caused by the careless or negligent actions of another person, business, or entity, a person may be entitled to various economic and non-economic damages.

Economic Damages in a Personal Injury Case

Economic damages are those that are considered calculable. That is, an injury victim and their Orange County personal injury attorney will be able to calculate these expenses by gathering various bills, receipts, and pay stubs. Some of the most common economic damages include:

  • Medical bills. This includes past, current, and future medical bills caused by the injury. This will also include coverage of prescription medications, medical devices, physical therapy and rehabilitation, and more.
  • Lost wages. If an injury victim is unable to work due to the injury, they should be able to recover 100% of their lost wages. If a person is unable to return to work in the same position and therefore must take a lower salary, they should be paid the difference in salary between their old and new job. Finally, if a person is permanently disabled and cannot work, they should be adequately compensated for the loss of future wages.
  • Any other out-of-pocket expenses. There may be various out-of-pocket expenses that an injury victim incurs, including the cost of assistance to perform household chores or yard work that their injury prevents them from doing.

Non-Economic Damages in a Personal Injury Case

Non-economic damages are those that are going to be a bit more difficult to calculate than the compensation mentioned above. These damages are often referred to as pain and suffering damages that simply do not come with any bills or receipts. Non-economic damages are going to cover the emotional and psychological injuries as well as physical pain that a person sustains as a result of their physical injuries.

In many cases, a “multiplier method” will be used to calculate non-economic damages. This means that an injury victim’s total economic damages will be added up and then multiplied by a set number (typically 1.5 to 4) to arrive at a fair amount for their pain and suffering damages.

Property Damages

If a personal injury case also includes damage to property, such as a motor vehicle, the victim should be able to recover compensation to either replace or repair the property.

Punitive Damages

If an injury case involves extreme carelessness, gross negligence, or intentional actions on the part of the defendant, then punitive damages may be awarded. The damages are not intended to cover a victim’s losses. Rather, they are designed to punish the defendant to ensure that this type of behavior does not occur again.

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