A personal injury case results from various situations like a car accident, product defect, and medical malpractice, among others. If you’ve suffered an injury or any kind of loss because of these incidents, you can seek compensation as a plaintiff from whoever caused it.
The legal term for the compensation a plaintiff gets is “damage,” and it’s divided into different kinds. Read on to get an idea of what they are.
These aim to compensate the plaintiff for intangible or non-monetary damage. They’re called “general” because they address the harm that is usually or “generally” sustained during an unfortunate incident. Some of the common types are:
- Physical pain and suffering
- Mental anguish
- Lowered quality of life
Meanwhile, special damages is a reimbursement of the plaintiff’s quantifiable financial losses caused by the defendant’s actions. This covers any expenses related to the injury.
Special damage is easier to calculate than general damages since the former concerns quantifiable things. It may be computed using a multiplier or be based on the judge or jury’s judgment. It can also be formulated from precedent sets in earlier cases.
Since each case is different, there are various situations where a person can get compensated for. And there are also several kinds of expenses that can be claimed as special damages. They include:
- Medical expenses (present and future)
- Lost wages or earning capacity
- Repair or replacement of damaged property
Punitive damages are given on top of other compensatory damages, never alone. Its purpose isn’t to compensate for the plaintiff’s losses, but to punish the defendant’s actions, which a court has considered intentional or negligent.
By making the defendant pay an amount that stretches beyond the compensatory damages, they will be deterred from committing the same or similar misdeeds in the future. Some of the common reprehensible actions that warrant this award are:
- Aggravated battery
- Sexual assault
- Fraudulent actions that caused financial harm
Consult an Experienced Lawyer
To get the maximum compensation for your personal injury case, you should understand what types of compensation are available to you. As a victim, you have the right to recover what you’ve lost. So, it’s essential for you to work with a lawyer you can rely on. Call us at Sansbury Law Firm today to learn how we can help.