Personal Injury Damages: Types of Compensation

Law Blog

If you are successful in a civil lawsuit involving personal injury, you are entitled to financial damages. Basically, the term 'damages' is used to refer to the monetary compensation which is awarded to the affected or injured party. The exact amount of money will vary depending on the unique circumstances of each case presented before the court. Ideally, the objective of the compensation is to restore the injured person to the same position that they would be in if the accident had not occurred. Here are the different types of compensatory damages that may be awarded as part of your personal injury settlement.

Special Compensatory Damages

The special compensatory damages are designed to cover for the financial expenses which are incurred because of the injury. In simple terms, this will include the charges for treating an injury and the money lost indirectly as a result of the incident. The common aspects covered include medical bills, future medical care expenses, lost earnings, household care and future wages. Therefore, it is important to store the receipts for your medical care and provide documentation from your employer as evidence. On the other hand, you should not go overboard with the medical care because the compensation is provided only for reasonable treatment.

General Compensatory Damages

The compensation for general damages is designed to cover for non-monetary damages that are incurred after the personal injury incident. Basically, the money will address the general harm which is associated with the pertinent accident. The common types of general damages include pain and suffering as well as mental anguish. The loss of companionship and consortium will also be calculated as part of general compensatory damages.

Wrongful Death

In some cases, the injured person might lose their life after the pertinent incident. The wrongful death claim will provide compensation for you as a surviving family member or loved one. The common wrongful death damages that are included are funeral and burial or cremation expenses. The financial implications of pre-death medical care are also included in this type of compensation. Depending on the circumstances, you might also be awarded for the loss of continuing financial support, lack of support and services and emotional suffering.

Punitive Damages

Punitive damages are not exactly compensatory, and they are not applicable in every case. This type of award is given if the behaviour of the responsible party is deemed despicable, reprehensible and malicious. In other words, the damages are intended to reform the wrongdoer and deter them and others from the same unsuitable behaviour. 

To speak with a personal injury lawyer, contact a firm like Nigams Legal.


5 January 2016

Sorting out my dad's estate

My dad died when I was still pretty young so it's been a big surprise all the stuff I've had to do to sort out his estate. I'm an only child and my folks divorced when I was a baby so most of the work fell to me. He was kind of disorganised and grumpy, but at least he'd spoken to his lawyer and got a proper will drawn up which saved on confusion at a tricky time. If you are a young person dealing with the estate of a deceased parent, this blog is designed to help you navigate the legal processes.