Understanding the Different Types of Personal Injury Damages

Suffering a personal injury can be life-altering. Beyond the physical pain, you may also experience emotional suffering, financial losses, and personal setbacks. If someone else’s negligence caused your injury, you may be entitled to recover damages through a personal injury claim. But what does that mean, and what types of compensation can you receive?

The personal injury attorneys at Lenahan & Dempsey will clarify the types of damages available in personal injury cases, explore the most common scenarios where personal injury claims arise, and offer guidance on finding the right legal representation. By understanding your rights, you can better protect your interests and pursue the compensation you deserve.

Types of Damages in Personal Injury Claims

The term “damages” refers to financial compensation awarded to injury victims in legal cases. There are three main types of damages in personal injury cases:

1. Economic Damages

Economic damages focus on the measurable financial losses stemming from an injury. Because these losses have a clear monetary value, they are often easier to calculate. Common examples include:

• Medical Expenses: Costs for hospital stays, surgeries, medications, therapy, and future medical care.
• Lost Wages: Income lost during recovery, including missed workdays or reduced earning capacity in the future due to long-term disability.
• Property Damage: Compensation for any personal property damaged in the incident, such as vehicles in car accidents.
• Additional Expenses: Out-of-pocket costs like transportation to medical appointments or hiring home care services.

These damages aim to restore what was lost financially, helping victims rebuild their livelihoods after an injury.

2. Non-Economic Damages

Non-economic damages, or “general damages,” account for intangible losses that don’t have a straightforward monetary value. The purpose of these damages is to address the emotional and psychological impact of the injury. Examples include:

• Pain and Suffering: Physical discomfort or emotional distress resulting from the injury.
• Loss of Enjoyment of Life: When an injury makes it difficult or impossible to engage in hobbies, activities, or everyday life as before.
• Scarring or Disfigurement: Compensation for scarring or disfigurement from the accident-related injuries or surgeries necessary to treat those injuries.
• Loss of Consortium: Compensation for the impact on relationships, such as the loss of companionship between spouses.

Unlike economic damages, non-economic damages are subjective and can vary significantly depending on the severity of the injury and its impact on the individual.

3. Punitive Damages

Punitive damages are more rare in personal injury cases. These are awarded in cases of reckless conduct, not just to provide compensation but to punish the defendant and deter similar behavior. For example:

• A drunk driver who caused a severe accident.
• A company knowingly selling unsafe products.

While economic and non-economic damages focus on compensating the victim’s losses, punitive damages emphasize penalizing wrongful actions.

Common Personal Injury Cases

Personal injuries can occur in countless scenarios. Here are some common examples:

1. Medical Malpractice

A medical professional’s failure to provide proper care can have devastating consequences. Common cases include:

• Surgical Errors: Performing operations on the wrong area or leaving surgical tools inside a patient.
• Misdiagnosis or Delayed Diagnosis: Failing to accurately or promptly diagnose life-threatening conditions.
• Medication Errors: Prescribing incorrect dosages or entirely wrong medications.

Damages in these cases often include extensive medical expenses, loss of income, additional pain and suffering, and loss of enjoyment of life from negligent treatment.

2. Car Accidents

Car accidents are among the most frequent causes of personal injury. Victims often suffer from:

• Broken Bones: Severe fractures requiring surgeries and therapy.
• Traumatic Brain Injuries (TBI): Lifelong impact on cognitive and motor skills.
• Whiplash: Soft tissue damage leading to chronic pain.
• Herniated Discs: Herniations in the discs in the neck or back which can press on nerves in the spine and cause numbness, tingling, severe pain, and disability.
• Burns: Painful injuries caused by fires or explosions.

Compensation may include medical costs, lost wages, pain and suffering, loss of enjoyment of life, and property damage from the collision.

3. Slip and Fall Cases

Slip and fall accidents fall under “premises liability.” Property owners or tenants have a legal responsibility to maintain safe conditions. Common causes of slip and fall cases include:

• Wet or uneven flooring.
• Poorly maintained sidewalks or parking lot areas.
• Poorly lit staircases.
• Hazardous objects blocking walkways.

Victims may claim damages for medical treatments, missed work, loss of future earning capacity, or long-term impairments resulting from their fall, as well as pain and suffering and loss of enjoyment of life.

4. Dog Bites

Dog owners are generally responsible for controlling their pets. If a dog attacks, causing physical or emotional harm, the victim can file for damages. Common claims include:

• Medical Costs: Treatment for bites or infections like rabies.
• Emotional Trauma: Compensation for anxiety or post-traumatic stress caused by the incident.
• Scarring or Disfigurement: A dog bite may leave permanent scarring or disfigurement which warrants compensatory damages.

Take Action and Protect Your Rights With Help From Lenahan & Dempsey

Navigating the complexities of personal injury cases can feel daunting. But understanding the damages you may be entitled to—economic, non-economic, and punitive—can help you make informed decisions about your claim. Whether you’re dealing with a medical malpractice incident, a car accident, or a slip and fall injury, know that support is available.

If you or a loved one has suffered a personal injury, don’t wait. Professional legal advice can make all the difference in your pursuit of justice and fair compensation. Contact Lenahan & Dempsey today and take the first step toward protecting your future.