Types Of Compensation In A Personal Injury Lawsuit

Any time you suffer an injury that is a result of another party, you are entitled to claim compensation for the said injury or harm. The amount of the compensation or damages you’re entitled to varies which is largely dependent on the circumstances of the accident and the harms or injuries caused. 

These damages may be agreed to by parties as a form of settlement or may be decided by a judge after a jury verdict in the suit. Below are the types of compensation in a personal injury lawsuit. By the way, connect with the best Katy injury lawyer for your personal injury lawsuit.

Types Of Compensation In A Personal Injury Lawsuit 

There are two broad groups of compensation in a personal injury lawsuit which are “special compensatory damages” and “general compensatory damages”. These two are further divided into various types. 

Special Compensatory Damages 

Special compensatory damages are otherwise known as special damages which are designed to compensate you for any monetary loss you incurred due to your injury. These losses include: 

Medical Expenses

Almost all injuries require medical treatment which means that the cost of treatment may add up quite significantly. Luckily, you’re entitled to reimbursement on whatever cost you incur on medical expenses while treating your injury. Additionally, you are entitled to future medical expenses as well, this is the cost of medical expenses you’re expected to incur even after the pendency of your case. 

The following are examples of medical expenses that warrant reimbursement; X-rays, hospital stays, therapies, surgeries, emergency room visits, medication, and prescriptions. 

Take note that even though your health insurer may pay any medical bills related to your injury, the insurer must be reimbursed for the damages you get. This is ensured by placing a medical lien on the future award of damages. 

Lost Income 

You’re also expected to be reimbursed for lost income as a result of an injury suffered from the negligence of another party. For example, if an accident caused by another person prevents you from going to your place of work for two months, you’re entitled to get damages for the said period.

Also, if your injury resulted in a disability that may likely prevent you from working or limit your ability to work properly, you’re entitled to future compensation for the loss. 

General Compensatory Damages 

General compensatory damages otherwise known as general damages or non-economic damages are meant to compensate you for the non-monetary loss you may suffer as a result of an injury caused by another party. Though general damages are often difficult to prove but having a record will help. 

General damages vary differently from case to case basis but here are the common examples; 

Physical Pain And Suffering 

Physical pain and suffering are very hard to quantify and as such is subjective in the eyes of the law. Though you’re entitled to reimbursement of medical expenses, these expenses do not take into account the pain you suffered and as such may not be adequate. 

To get a considerable outlook for a physical lain, insurance companies, judges and juries often rely on several factors to determine the value of pain and suffering encountered through the injury. These factors are; the types of the injury, the types of medication prescribed, length of recovery, and permanence of injury. 

Emotional Distress 

Emotional distress is similar to pain and suffering in quantification, as such very difficult to prove. Emotional distress or mental anguish compensation is limited in some states while others don’t have provision for the same. 

Loss Of Consortium 

This type of compensation is open to married people and spouses are eligible to recover loss of consortium damages. The ideology behind this damage is that an individual who is injured may not be able to provide their spouse with the same level of companionship as before. This damage is quite difficult to prove and is mostly approved when a person suffered very serious injuries or wrongful death.