Damages

Victims of personal injury may be entitled to monetary damages, which are intended to restore the victim physically, emotionally, mentally and financially. The two main types of personal injury damages are compensatory damages and punitive damages, as explained below.

Compensatory Damages

The purpose of compensatory damages is to put you back in the position that you were in prior to the injury or property damage caused by the defendant, and are comprised of those losses that you have suffered as a direct result of the defendant’s conduct. Compensatory damages can include payment from the defendant to compensate you for, among other things, lost wages, lost profits, hospital bills (current & future), cost of home medical care (including medical equipment such as beds, wheelchairs, etc.) property damage, mental anguish, loss of friends, loss of respect in the community, loss of reputation, loss of consortium, and pain & suffering. Different types of compensatory damages are discussed in detail below.

Punitive Damages

Where the defendant’s conduct is found to be intentional and especially offensive, the courts may permit an award of punitive damages in addition to compensatory damages. Punitive damages are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in.

Compensatory Medical Damages: Current and Future Medical Bills

  • your medical bills incurred in the accident which arise from the negligence of the other person
  • any future medical bills you may have
  • rehabilitation therapy - the cost of obtaining services provided by others who assist a person to return to the same or similar physical condition s/he was in prior to the negligent act or omission. This could include training for a new occupation if the injury prevents the injured party from working in his/her normal trade or occupation

For example, the doctor says that at some point in the future, it is reasonably certain that you will need an operation, but you will not need the operation for 5 years. As long as the doctor testifies that within reasonable medical probability, you will need that operation, all of the costs associated with that operation are part of the damages you can sue for in your current case.

Compensatory Economic Damages - Loss of Earnings or Earning Capacity, Present & Future

The person who negligently caused your injury is liable for your current or future loss of earnings or earning capacity or potential. Earnings include actual earnings, benefits and retirement plans. Current loss of earnings are earnings you have lost from the date of the accident to the date of trial. If the doctor says you will not be able to work in the future, or you can only work less hours than before, you can recover loss of future earnings.

If there is no income history or a very limited one, the jury may consider the plaintiff's academic records and earning potential for compensation. For example, if you were an excellent student taking pre-medical classes and the injury will prevent you from becoming a doctor in the future, you would lose earning capacity.

Compensatory Damages for Emotional Distress and Physical Pain & Suffering

Another category of damages would be emotional pain and suffering (“emotional distress”) and physical pain and suffering. No expert needs to testify as to your pain and suffering. Your friends and relatives usually are good witnesses as to your emotional distress, pain, and suffering. Pain and suffering as well as emotional distress are presented through the evidence such as:

  • your describing the things you used to be able to do but can no longer do
  • the type of pain you go through every day because of the injury

    The doctor may testify:

  • that your condition is permanent and stationary
  • that you will continue to have emotional distress in the future based upon your inability to do things you used to do
  • that you will continue to have emotional distress based upon your not being able to enjoy life as well as you used to
  • that your condition has resulted in diminished life expectancy; that is, because of the injury, you probably will not live as long as you would have under normal circumstances

Compensatory Damages for Loss of Enjoyment of Life

Such damages may arise from a physical disability or disfigurement, including a cosmetic deformity, that may impair the plaintiff's capacity to live a normal life.

Compensatory Damages for Loss of Life

If there is an accident and the other party is negligent, but instead of injury there is a death, the issue of damages changes substantially.

  • A deceased person or the deceased person's estate cannot sue for pain and suffering, either past or future.
  • The estate can sue for the past expenses incurred, such as the burial expenses, the medical expenses incurred up to the date of the death caused by the accident.

Compensatory Damages for Loss of Life: Survivor Actions

The survivors of the decedent, i.e., spouse and children, can sue for the loss of support. If the decedent was supporting or contributing to the support of the spouse and the children, the spouse and children can sue for that loss of support.

Although there can not be a lawsuit for pain and suffering, there can be a lawsuit for the loss of companionship of the decedent. The surviving heirs would testify as to the nature and extent of the relationship between the decedent and the survivors. The jury would decide the value of that relationship as far as monetary compensation is concerned.

For further information see the related topics: