Types of Recoverable Damages in Personal Injury Cases

​Persons who sustain injuries due to someone else’s negligence may sue for damages. What an individual recovers will depend on several factors, among them the type of damages they experienced during and after the accident. Courts may also award the injured person’s family members damages.

Damages meant to recover actual losses are known as compensatory damages. They seek to restore an injured party’s pre-injury or pre-accident financial, physical, or emotional position. They can be special damages or general damages.

Special damages, or economic damages, cover quantifiable losses. They seek to reimburse individuals for expenses they incurred from the moment they were injured. Recoverable special damages include all post-injury medical bills, lost income, personal property damage, and additional daily costs, such as the cost of hiring help for house chores.

The injured party may also be entitled to damages for lost earning capacity if they can prove that their injuries have diminished their earning potential. Courts, in determining such damages, will consider the individual’s occupation, skills, experience, and training. While the court may use past earnings to calculate damages, the focus is on what the individual would have otherwise earned.

General damages, or noneconomic damages, compensate for nonmonetary losses. They seek to measure the difference between what the injured party’s life would have been like without the injury and what their life has been like due to the injury. The goal is to address the nonquantifiable but limiting impacts of a personal injury.

A common general claim is pain and suffering damages. Injuries can cause chronic pain, which can take a toll on an individual. Pain and suffering damages compensate for any discomfort the injured party has had or will have to go through.

A disfigurement and physical impairment damage addresses such things as disability, scars, and any lasting physical damage. A scar, for example, can impact one’s self-confidence. For individuals whose earning potential is dependent on their appearance, disfigurement damages can be especially large.

Then there is the loss of enjoyment of life. In addition to diminishing one’s earning potential, trauma can prevent individuals from enjoying their life pursuits. It can also get in the way of meeting and enjoying the company of friends and family. Loss of enjoyment of life may also lead to depression, which emotional distress damages seek to redress.

Injury can also hurt one’s relationship with their spouse. Loss of consortium or companionship aims to compensate individuals for their inability to enjoy or reciprocate their spouses’ company.

Calculating special damages is typically straightforward. The courts simply add all the bills resulting from the damage, from hospital costs to repair shop bills. The hard part is determining future medical costs and income changes. Medical expenses tend to fluctuate. Mapping out an individual’s career trajectory to arrive at potential monetary losses can be complex.

Courts, in calculating general damages, consider injury severity, recovery time, life impact, and age. Severe injuries typically lead to higher compensation, as do those with prolonged recovery. As for age, courts consider how long the individual may have to live with the injury.

Not all personal injury damages are compensatory, however. The court may also award punitive damages to punish the at-fault party for gross negligence or to deter would-be offenders.

Courts calculate punitive damages by considering the severity and nature of injuries as well as the offender's financial resources and past offenses. Consequently, personal injury cases that typically attract punitive damages include malicious acts, extremely reckless misconduct, corporate wrongdoing, repeated violations, and medical malpractice.

A personal injury lawsuit isn’t about getting rich - it’s about restoration, ensuring the injured party doesn’t suffer for someone else’s negligence. Damages are also about justice and deterrence. Individuals may opt for lump sum or structured payouts. Structured payouts may be ideal for those anticipating future expenses.

Benjamin and Shapiro Ltd

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