Types of Damages You Can Claim in a Personal Injury Lawsuit

Getting hurt because of someone else’s fault can flip your life upside down in seconds. Besides suffering from physical injuries, you could be dealing with mental trauma and stress on a daily basis. And at some point, you might start to wonder -

"What damages can I actually claim in my personal injury case?"

Well, you can recover your losses through two major categories of personal injury damages -

• Compensatory Damages
• Punitive Damages 

But what falls under these categories, and how can you ensure you get the maximum compensation you deserve? 

We have all the answers for you in this blog!

What Are Compensatory Damages and What Do They Include?

You can think of compensatory damages as the backbone of almost every personal injury claim. These damages exist to make you whole again! And the purpose is simple - to compensate you for what the accident took away from you financially, physically, and emotionally. 

Two major types of damage fall under this category -

• General Damages (Non-Economic)
• Special Damages (Economic)

When you contact one of the best personal injury lawyers in Sacramento, they can help you claim your compensation in a hassle-free way. They'll fight for you so that you get what you deserve! But before you contact them, it's good to have an idea about what each type of personal injury damage includes so that you know exactly what you're entitled to!

What are General Damages (Non-Economic Losses)?

These damages are about the human impact - what you feel, what you experience, and how the injury changed your daily life (non-monetary losses). You can’t attach receipts to these losses, but they impact your day-to-day life deeply. 

These types of damages include - 

• Pain and Suffering: This covers the compensation for the physical pain that you suffered from the injury. This can include both short-term and long-term discomfort.
• Emotional Distress: Several people deal with anxiety, fear, depression, or trauma after an accident. So, you can get compensation for your emotional distress.
• Loss of Enjoyment of Life: When you can’t perform hobbies, activities, or routines you once loved, like traveling, sports, working out, or playing with kids, this category will apply.
• Loss of Consortium: This applies when your injury affects your relationships or family life, including companionship, affection, and emotional support.
• Scarring or Disfigurement: Permanent physical changes can impact how you feel about yourself, your confidence, and even your daily comfort. And if that’s something you’re going through after the accident, you can get fully compensated to help yourself recover.
• Long-Term Disability or Impairment: If you’re dealing with chronic pain, reduced mobility, or permanent injuries, you can get compensated because these long-term disabilities affect your future quality of life.

As these losses might not always involve receipts or other physical forms of proof, they can be quite difficult to prove during your claim. But having a reliable personal injury attorney in Sacramento can help you collect the right evidence, build your case properly, and fight for the full amount you deserve.

Contact Doyle & O’Donnell for Fast, Friendly Legal Help

What are Special Damages (Economic Losses)?

Special damages include the financial losses that you have suffered after the accident. You can prove these measurable monetary losses with bills, receipts, pay stubs, and other records. 

Here’s what this type of damage includes -

➢ Medical Expenses

You can recover compensation for every medical cost tied to your injury, including -

• ER visits
• Hospital stays
• Surgeries
• Imaging tests (X-rays, MRIs, CT scans)
• Primary care and specialist visits
• Physical therapy
• Chiropractic care
• Prescription medications
• In-home care
• Braces, crutches, boots, and medical equipment
• Long-term or future medical care

If a doctor expects you to need care in the future, you can claim those costs as well. 

➢ Lost Wages

When your injury forces you to miss work, you can recover -

• Missed paychecks
• Lost overtime
• Lost bonuses
• Lost tips
• Lost freelance or gig income
• Sick or vacation days that you had to use
• Loss of Earning Capacity

If your injury has affected your ability to work long-term, you can claim future income loss.

➢ Property Damage

You can include everything that was damaged in the accident, like -

• Your car
• Your phone
• Glasses or watches
• Clothing
• Motorcycle or bicycle
• Mobility equipment

➢ Out-of-Pocket Costs

These are your everyday expenses that might have unexpectedly appeared because of your injury, like -

• Cost of your rides to the medical appointments
• Parking fees
• Over-the-counter medication
• Bandages, wraps, or braces
• Home cleaning help
• Temporary medical supplies

If you paid for it because of your injury, it counts!

Finding the right evidence and including all the relevant documents can be a tough job when you're already suffering physically and mentally after an accident. That's why it's best to have a seasoned personal injury attorney in Sacramento by your side. They can help you prove your financial losses after the accident and fight for you till the end!

What are Punitive Damages?

Compensatory damages help you restore what you lost. But punitive damages exist only for one reason -

To punish the wrongdoer who caused you injuries and financial losses!

Punitive damages are not available in every personal injury case. They are only included when the at-fault person acted -

• intentionally,
• recklessly,
• maliciously,
• or with extreme disregard for safety.

Examples of cases where you can claim punitive damages are - 

• A drunk driver causing a serious crash
• A driver acting violently or aggressively on the road
• A business hiding safety problems from the public
• Someone intentionally causing harm

Punitive damages punish the wrongdoer by making them pay extra compensation for their reckless or intentional behavior. And if you want to claim punitive damages after your accident, you can contact a reputable personal injury lawyer in Sacramento.

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Questions You Might Have About Personal Injury Damage Claims