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When you get involved a personal injury case, there is one thing that most people will eventually consider – compensation. If there is someone at fault for the accident, you are supposed to get your compensation from them. However, there are many types of compensation and it can be confusing to know which ones are included in a personal injury case.
Here is a short guide on the types of compensation that you can claim in a personal injury case.
General damages are the non-economic losses that you get when you are injured. This includes the stress, the loss of enjoyment, the pain and suffering, and even loss of consortium. Although non-economic losses are subjective, there are ways that you can arrive at an amount for these.
Special damages, on the other hand, are economic losses. These losses are more easily quantifiable and are associated with an identifiable financial loss such as medical expenses, lost wages, etc.
Different types of personal injury claims have different rules as it applies to the type of damages recoverable. In certain cases, claimants are only entitled to special damages whereas in other cases the claimant is entitled to both special and general damages. To know if you can ask for this type of compensation, consult with your attorney.
There are four categories under general damages. They include pain and suffering, emotional distress, loss of enjoyment and loss of consortium. Pain and suffering refer to the pain that you experience as a result of an injury. It includes the present and the future suffering that you will face especially if your injury includes a broken, spinal injury or burn. Emotional distress covers all the psychological effects. They can include but are not limited to, anxiety, insomnia, depression, and PTSD.
Loss of enjoyment refers to the loss of the ability to do the things you used to do every day. For example, due to an injury in your hip, you will no longer be allowed to do certain dances and exercises. On the other hand, loss of consortium means the loss of intimacy with a spouse or a partner as a result of an injury. Because the loss of consortium only covers sexual disabilities, not everyone is allowed to claim this compensation. In most cases, people who are married are the only ones covered.
Since general damages do not have an automatic price to them, your attorney can consult past cases and rulings about how much was awarded for certain kinds of general damages.
Compared to general damages, special damages are pretty straightforward. The costs that you can include here are those directly related to your injury.
There are four main categories of special damages – medical costs, lost income, out-of-pocket expenses, and personal property damage. Medical costs include all your hospital bills including treatment, surgeries, and doctors’ fees. Ambulance fees and room charges are also part of this category. Lost income talks about income that you will not receive due to the absences brought about by your injury. All you need to show here is a verification of your hourly/daily rate.
Out-of-pocket expenses include those that do not come directly from the hospital but are necessary to treat your injury. For example, medicines and medical aids. This also includes transportation and gasoline fees to and from the hospital. Lastly, property damage refers to the cost of repairs of your personal property. If your car was badly hit during the accident, then this can be included in your special damages.
When computing your damages, it is important to have an attorney with you. They are skilled to know how much each category costs and they can negotiate for a higher price.
Contact Aronberg & Aronberg today for your free case evaluation at 561-266-9191.
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