If you’ve been injured due to someone else’s negligence, you may be entitled to compensation through a personal injury claim. Understanding the types of damages you can recover is crucial to understanding your case’s true value.
So, what types of damages can you recover in a personal injury claim? You can receive economic damages, non-economic damages, and, in rare cases, punitive damages.
The process of calculating personal injury damages can be labor-intensive. If you’ve suffered an injury that wasn’t your fault, a Brooklyn personal injury lawyer can investigate the incident, determine your claim’s value, and help you recover compensation for your losses.
What Types of Damages Can You Recover in a Personal Injury Lawsuit?
Damages in a personal injury lawsuit generally fall into three categories:
- Economic damages: You can recover quantifiable financial losses, such as medical bills, lost wages, property damage, and rehabilitation costs.
- Non–Economic damages: You can seek compensation for intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.
- Punitive damages: In rare cases, you may be awarded these to punish the defendant for reckless, intentional, or egregious behavior, such as drunk driving or gross negligence.
The specific damages available to you will depend on the circumstances of your injury and the laws in your state.
Case Today (212) 977-2020
What Are Special Damages in Personal Injury Claims?
Special damages refer to specific financial costs associated with your injury. They’re meant to put you back in the financial position you would have been in if the accident had not occurred. Examples include:
- Medical expenses: You can recover the costs of hospital visits, surgeries, prescription medications, and ongoing therapy.
- Lost income: You may claim wages you lost during your recovery.
- Property damage: You can recover the costs of repairing or replacing damaged personal property.
Since these damages can be proven with receipts, pay stubs, or invoices, they often serve as the foundation of a strong personal injury claim.
How Are Damages Calculated in a Personal Injury Case?
Calculating damages in a personal injury lawsuit can be challenging. Courts and insurance companies consider several factors, including:
- Injury severity: More serious injuries typically lead to higher settlements due to increased medical costs and longer recovery times.
- Duration of recovery: A lengthy recovery that prevents you from working or living normally can increase the value of your claim.
- Impact on quality of life: If you’ve lost the ability to engage in hobbies, activities, or relationships you previously enjoyed, non-economic damages may be awarded.
- Evidence of liability: Strong evidence showing the other party’s negligence will strengthen your claim.
Attorneys often work with medical experts, financial analysts, and vocational specialists to calculate damages accurately.
Who Can Claim Personal Injury Damages?
Personal injury damages can be awarded to these parties:
- Injured victims: The person directly harmed in the accident can receive compensation for medical bills, lost income, pain and suffering, and other losses.
- Surviving family members: In wrongful death cases, spouses, children, and sometimes parents can be awarded damages for loss of companionship, funeral costs, and the financial support the deceased would have provided.
- Dependents: Individuals who are financially dependent on the victim (such as children under 18) may be entitled to damages if the injury or death impacts their well-being.
Ultimately, personal injury damages are designed to compensate those who have suffered harm or loss due to another party’s negligence.
How Hard Is It to Win a Personal Injury Lawsuit?
Winning a personal injury lawsuit can be a tall task, especially without legal representation. Common challenges include:
- Proving liability: You must show the defendant owed you a duty of care, breached it, and caused your injury.
- Fighting insurance companies: Insurers often downplay injuries or deny claims in an effort to protect their bottom line.
- Meeting deadlines: States impose strict deadlines for personal injury lawsuits. If you fail to file your claim before the applicable statute of limitations expires, you may forfeit your right to recover damages altogether.
- Gathering evidence: Witness statements, medical records, and expert testimony are essential but not always easy to obtain.
While some personal injury cases settle quickly, others require litigation and expert testimony, which is why it’s so important to get a lawyer.
For How Much Do Most Personal Injury Cases Settle?
Since every case is unique, there is no one answer as to how much personal injury cases settle for. Payouts can range from a few thousand dollars for a minor injury to hundreds of thousands or even millions of dollars for permanent disability or wrongful death.
Other factors that will influence your settlement’s value include available insurance coverage, the defendant’s level of fault, and the strength of your legal representation.
Why Hire a Personal Injury Lawyer?
If you need to file a claim, a personal injury lawyer can:
- Investigate the accident: A lawyer can gather evidence, interview witnesses, and consult with experts to strengthen your case.
- Calculate damages: An attorney can use evidence to calculate the true value of your claim.
- Handle negotiations: An attorney can deal with the insurance company and fight for a fair settlement on your behalf.
- Provide representation: If your case goes to trial, you can rely on your lawyer to present a strong case and fight for your rights.
An experienced attorney can level the playing field against the insurance companies and handle the legal paperwork so you can focus on your recovery.
Contact a Personal Injury Lawyer Today
If you’ve been injured in an accident, having skilled legal representation will be crucial to a successful claim. A personal injury lawyer from Chaikin Trial Group Personal Injury Lawyers can gather evidence, negotiate with insurers, and pursue the maximum compensation available to you.
Schedule a free consultation to find out how you can get justice.
