In a personal injury case, if the prosecution wins, the defendant pays damages. There are several damages categories, which are awarded according to the specifics of the case. A personal injury attorney will help you determine which damages you are entitled to receive, and how you can maximize your compensation.

The most common damages awarded are compensatory damages. These literally "compensate" for the plaintiff's actual loss due to their injury. The plaintiff provides the information to determine payment, and the court checks for accuracy. The court may adjust the award as they see fit. Compensatory damages may include property repairs, hospital bills, and income lost due to injury.

General damages cover more ground than compensatory damages. Courts may award general damages for property invalidity, emotional or mental distress arising from the injury, or a damaged relationship with a spouse. Because these damages cover a wide range of possible consequences from the injury, it is advisable to obtain a lawyer who can best determine which types of damages to seek.

In addition to compensatory and general damages, many courts elect to impose punitive damages on a losing defendant. While the other damages categories cover actual loss suffered by the victim, punitive damages are meant solely to punish the defendant for misconduct or negligence. While some courts award punitive damages without the plaintiff's request, lawyers can ask for these damages from the outset of the case. You should obtain legal advice as to whether you are entitled to punitive damages, as not all cases warrant them.

Some cases result in proof of the defendant's guilt, but still may only show a minor loss or injury for the plaintiff. There are nominal damages to cover these instances. Nominal damages are small amounts that cover a minimal amount of costs incurred by the plaintiff due to the incident. These might include court costs and legal fees for all parties. A plaintiff may use nominal damages to pay his or her attorney.

If a plaintiff or lawyer feels that nominal damages are not sufficient to cover the loss, they can appeal the case to a higher court and attempt to secure a greater award. A personal injury attorney is essential for knowing whether you should appeal your case or accept nominal damages.