Types of Compensations Awarded in a Personal Injury CaseUpdated on Monday 13th March 2017
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If you are the victim of a personal injury case, you are entitled to claim compensations from the individual or legal entity that caused you the losses. The compensations are known as damages and can be divided into two categories: compensatory and punitive. The compensatory ones are awarded in monetary form, an amount that is calculated in such a way to cover the particular losses suffered after the injury. The punitive damages exceed the simple compensation described above and are used to punish he defendant in an attempt to prevent him from engaging the similar negligent or wrongful act.
Injured individuals will usually focus on obtaining compensatory damages. For this purpose, a Los Angeles personal injury attorney is able to represent you in court in such a way that you will be able to maximize the amount of damages you can claim from the defendant. Although there are some legal limitations of the receivable compensations, like in medical cases, a lawyer will have the necessary expertise to help you gain compensatory damages both for physical and emotional losses.
Economic damages are generally accepted as all and any losses that are directly quantifiable and represent a financial loss for the victim. These will most often include compensations for the medical bills arising from all of the injuries sustained in the accident. In some cases, these costs can be very significant like in the case of a spinal cord injury where the victim will require multiple medical interventions. With the help of a personal injury lawyer, the victim can also obtain economic aid for the recovery period after the accident or for lifelong care.
Other types of economic damages include lost wages as a result of the accident or monetary compensation for any objects or goods lost in the accident.
A short list of compensatory damages would include the following:
- the costs of the medical bills;
- future medical treatment needed by the plaintiff;
- lost earnings during hospitalization;
- future lost earnings;
- property damage or household expenses.
The initial settlement amount proposed by the plaintiff should be calculated in such a way to cover all of the current and future costs. The insurance company or the defendant will usually try to minimize this amount. You can use a settlement calculator to determine a minimum amount you should receive during the negotiation phase or after the trial.
We invite you to watch the following video on the types of compensations available for victims:
Non-economic damages include those types of damages that are not directly assessable but can bring a lot of distress to the victim. Pain and suffering, emotional distress, loss of companionship/loss of consortium are known as non-economic damages.
As the victim of a personal injury accident, you must know that you are entitled to claim both types of compensations. The family members of individuals deceased in wrongful death cases can also file lawsuits and they may also receive damages associated with pre-death medical care and funeral expenses.
The plaintiff’s actions can influence the final settlement amount. Those who are found to be partially at fault for the accident will lose an amount of compensation equal to the percentage of fault they have in the accident. This is known as the comparative negligence rule in California.
If you have been injured or suffer from losses caused by the negligence of another party you can contact our Los Angeles personal injury attorneys to obtain the maximum amount of compensatory damages.