Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury and claims that someone else might be legally responsible for that harm. These cases can become formalized through civil court proceedings that seek to find others legally at fault. However, many personal injury cases are resolved through informal settlement before any lawsuit is filed.
What is Serious Personal Injury?
While personal injury claims can often be complex in nature, certain cases can be classified as serious personal injury. The “serious” distinction refers to any injury that significantly alters a person’s health or ability to live their daily life.
This can include injuries that cause long-term or permanent disability, such as traumatic brain injuries, spinal cord injuries, severe burns or loss of a limb. Serious personal injuries can also involve serious emotional or psychological trauma, such as post-traumatic stress disorder.
These injuries often result in substantial medical expenses, long periods of rehabilitation, loss of income and dramatic changes to a person’s quality of life. As a result, serious personal injury cases often involve a higher level of complexity and potentially greater compensation claims to cover the extensive and ongoing costs associated with the injury.
Understanding Types of Legal Damages
In a personal injury case, it’s helpful to know the types of legal damages, or money that can be awarded to compensate the injured party for the harm or loss they have suffered. Damages aim to restore the injured party, as closely as possible, to the position they were in before the harm occurred. In a personal injury case, legal damages can be classified into two different types—compensatory and punitive.
Compensatory Damages
Compensatory damages are designed to help the victim recover from the harm they’ve suffered as a result of the defendant’s actions or negligence. These damages cover actual losses incurred and can be categorized into two subtypes—special and general damages.
Special Damages
Also known as “economic damages,” special damages are intended to reimburse the victim for specific out-of-pocket expenses incurred as a result of an injury. Special damages are quantifiable and relate to expenses that can be directly tied to the incident. Some examples of special damages include:
- Medical Expenses: These include all costs related to medical care necessary as a result of the injury. This can encompass everything from initial emergency care bills to long-term therapy or rehabilitation costs. If there’s a need for ongoing medical care in the future, that can also be included in these damages.
- Lost Earnings: If the injury caused the victim to miss work, they could seek compensation for the income lost during that period. If the injury leads to a reduced earning capacity, meaning the victim can’t earn as much as they did before the injury, they might be entitled to further compensation.
- Property Damage: If any personal property was damaged as a result of the accident, the cost of repair or replacement can be sought as part of special damages.
To claim special damages, it’s vital to keep detailed records of all related expenses. Accurate documentation will provide clear evidence of the economic impact of the injury and help to make your case for fair compensation.
General Damages
General damages, often referred to as non-economic damages, are designed to compensate for intangible, or non-monetary, losses that a victim experiences following an accident. These can be more challenging to calculate, because they involve subjective losses that don’t come with a specific dollar amount. Factors that can influence the calculation of general damages include the severity of the injury, the impact of the injury on the victim’s lifestyle, the victim’s age, and the victim’s pain and suffering. Some examples of general damages can include:
- Pain and Suffering: This encompasses not only physical pain but also emotional distress suffered as a result of an accident or injury. If the pain is ongoing, this will be taken into account in the calculation.
- Loss of Enjoyment of Life: If an injury prevents a person from enjoying activities or hobbies they previously participated in, they may be awarded damages for this loss.
- Emotional Distress: Serious accidents often bring about emotional trauma which can lead to conditions such as anxiety, depression, or post-traumatic stress disorder. Compensation for emotional distress aims to acknowledge this mental suffering.
- Loss of Consortium: This refers to the negative effects an injury can have on a victim’s relationship with their spouse, including loss of companionship or the ability to maintain a sexual relationship.
Calculating general damages can be a complex process, and it can be important to have an experienced attorney to help accurately value these damages and advocate for a fair resolution.
Punitive Damages
Unlike compensatory damages, punitive damages are not intended to compensate the victim for their losses. Instead, these types of damages are designed to punish the defendant for their conduct and deter similar behavior in the future. While not awarded in every case, punitive damages are typically awarded in cases where the defendant’s actions were particularly egregious or reckless.
To qualify for punitive damages, the plaintiff must usually prove that the defendant acted with malice, or a disregard for the safety of others. The thresholds for proving this can vary from state to state. In the context of personal injury law, punitive damages may serve as a deterrent against gross negligence. They send a strong message to the responsible party and others that severe consequences will result from such conduct.
Despite their punitive nature, these damages still benefit the plaintiff. If awarded, the plaintiff can receive a significantly higher amount than they would from compensatory damages alone. However, because the standards for awarding punitive damages are quite high, an experienced attorney can be critical in presenting a strong case for their consideration.
Seek the Help of a Serious Personal Injury Attorney
Navigating the complexities of a personal injury case can be challenging without the right legal advice and assistance. An experienced attorney can provide invaluable guidance, from understanding the different types of legal damages to accurately calculating potential compensation and presenting a compelling case.
Our team at Talbot, Carmouche & Marcello can provide the necessary resources, strategic insights and representation for serious personal injury cases. Contact us today to schedule a free consultation to discuss your case.