What Losses Can You Recover after Someone Else’s Negligence?
Someone else acts carelessly, causing an accident and you are involved. You have a right to file a legal claim to recover for any actual losses resulting from the other person’s wrongful acts. What specific losses can you ask for in a personal injury lawsuit?
The Damages Available in a Personal Injury Case
In a personal injury lawsuit, you have a right to ask the court to award “damages,” a legal term that refers to monetary compensation. As a general rule, there are two broad categories of damages—compensatory damages and punitive damages. Punitive damages, designed to punish the at-fault party and to serve as a disincentive to others who might engage in similar behavior, are rarely awarded in personal injury lawsuits.
Compensatory damages, however, are common in personal injury claims. These damages are intended to reimburse an injured party for any actual out-of-pocket expenses incurred because of the accident, or to confer a monetary value for other types of losses that may not be as easy to calculate.
Compensatory damages are generally identified as either “economic” damages or “non-economic” damages.
Economic damages are those that are tangible and relatively easy to calculate. In a personal injury lawsuit, they include compensation for lost wages or income caused by the accident, for unreimbursed medical expenses (not covered by insurance) resulting from the accident, and for any property loss or damage sustained.
Non-economic damages are generally less tangible and more difficult to calculate precisely. They include compensation for:
- Pain and suffering—Physical and emotional discomfort or distress caused by an accident or by injuries suffered
- Loss of companionship or consortium—The inability to be physically close or intimate with family members or loved ones
- Loss of enjoyment of life—Loss of the ability to enjoy the ordinary activities of daily life or to participate in activities that formerly gave the injured party joy, fulfillment or happiness
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
