Personal Injury Compensation
Posted June 15th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Suppose you have sustained an injury, collateral harm, or some other type of loss because of another party’s fault. In that case, you have the right to claim compensation from whoever induced or attributed to your losses. Damages are the legal term for this form of compensation. They usually cover all your out-of-pocket and associated expenses.
Because of the complexity of the legal system, you may need the help of an attorney in obtaining your damages. The following is an in-depth look into the various forms of personal injury compensation.
Special Compensatory Damages
Special damages cover financial losses as a result of the injury. They are unique to each victim and differ significantly from one party to the other. A special damages award should compensate a victim for any costs incurred or money spent resulting from the event that induced their injuries. Some of the primary forms of special compensatory damages include:
- Medical expenses
- Lost current and future earnings
- Household expenses
- The cost associated with canceled plans or altered trips
- Costs related to property damage, both repair, and replacement
General Compensatory Damages
General compensatory damages reimburse an injured person for non-monetary losses sustained as a result of their claim. The term ‘general damages’ refers to the harm that is typically caused by the injury. At the very least, all personal injury victims are likely to suffer certain general damages. Some of the most common ones include:
- Suffering and pain
- Loss of companionship or consortium
- Mental anguish
- Loss of enjoyment
- Physical impairment and disfigurement
- Lower quality of life
Wrongful Death Damages
In case of wrongful death, the surviving loved ones are also entitled to compensation. Depending on your jurisdiction, these beneficiaries of these benefits may include the deceased’s children, spouse, siblings, parents, and estates. The amount they are entitled to should cover one or more of the following:
- Burial and funeral expenses
- Loss of financial contribution
- Cost of pre-death medical expenses
- Loss of consortium and companionship
- Emotional distress or mental harm to the surviving family members
Unlike other forms of damages awarded in personal injury cases, punitive damages are not granted to the defendant. Punitive damages are meant to punish the at-fault party and deter others from such actions in the future. They are often awarded when a defendant is convicted of malicious or willful acts, as well as fraud.
Sexual harassment, dishonest conduct, or aggravated battery that causes significant reputational harm are examples of crimes where punitive damages are awarded. In high-profile injury cases, like those involving health threats related to prescription medications, or faulty products, courts will also award punitive damages against the manufacturers and other ‘fat wallet’ defendants.
Claim Your Compensation with The Help of An Experienced Attorney
Corporations and people should take responsibility for their faults. Clients may obtain compensation amounts or, if needed, they can battle for damages in litigation with the help of an experienced North Bergen Personal Injury Attorney at the Law Offices of Anthony Carbone. The practice offers free, no-obligation consultations to discuss your case and determine your legal options.