The Types Of Damages Victims Can Recover In A Personal Injury Claim
by Ankita Tripathy Legal Published on: 21 November 2023 Last Updated on: 26 December 2023
Home to over 2 million people, Houston is an exciting city with plenty of things to see and do. But the city accounts for 16% of Texas’s car accidents, which is shockingly high. Accident victims should opt for the at-fault party legally and seek compensation also called a personal injury claim.
Generally, the liable party or their insurance company has to pay the compensation. The victim should know about the types of damages for a successful personal injury coverage. The victim should choose one of the best injury lawyers in Houston for this. The article lists the damages you can expect in this claim.
Compensatory Damages In A Personal Injury Claim
Compensatory damages are the most common type of damages in a personal injury claim. They are ideal for restoring the victim to the position they were in before the injury occurred. The following are the types of compensatory damages:
Economic Damages
Economic damages are the quantifiable and tangible losses that the victim has sustained or will incur as a result of the injury. They include:
- Medical expenses: These are the costs of diagnosis, medication, treatment, rehabilitation, and any other medical care related to the injury. Moreover, they can include future medical expenses if the injury needs long-term medical care.
- Lost income: These are the wages, salaries, bonuses, and any other income that the victim has lost or will lose due to the injury. Reduced earning capacity is also included if the injury affects the victim’s ability to work or earn in the future.
- Property damage: These are the costs of replacing or repairing the victim’s property that was damaged or destroyed in the accident. This includes
- Vehicles
- Electronics
- Jewelry
- Clothing
- Other personal belongings
- Out-of-pocket expenses: These are the miscellaneous expenses that the victim has paid in their personal injury claim. They include
- Childcare
- Transportation
- Household services
- Other expenses that are directly related to the injury
Non-economic Damages
Non-economic damages are the intangible and subjective losses that the victim has sustained or will suffer as a result of the injury. They include:
Pain and suffering: The physical or emotional pain the victim may experience due to the injury is covered under pain and suffering. This includes
- Chronic pain
- Anxiety
- Depression
- Insomnia
- Loss of enjoyment of life
- Other negative effects on the victim’s well-being
Emotional distress: The emotional trauma that the victim has endured or will endure due to the injury is covered here. This includes
- Anger
- Fear
- Guilt
- Shock
- Humiliation
- Other negative emotions that affect the victim’s mental health
Loss of consortium: These are the damages that the victim’s spouse or partner has suffered or will suffer due to the injury. This includes the
- Loss of companionship
- Loss of affection
- Loss of intimacy
- Loss of support
Punitive Damages
Punitive damages are a rare type of compensation in a personal injury claim. They are not meant to compensate the victim but to punish the responsible party and deter them and others from engaging in similar behavior in the future.
It is only rewarding when the liable party’s actions were fraudulent, malicious, intentional, or grossly negligent. The court usually determines the amount of punitive damages and depends on the severity of the harm.
Wrapping Up
We hope our article has helped you understand the types of damages in a personal injury claim. Damages can differ based on the nature and extent of the injury and the personal injury laws of the state where the claim is filed.
The victim should get legal assistance from an experienced personal injury attorney. They can help the victim recover the maximum compensation they deserve.
Key Takeaways
- Personal injury claims help the victim recover compensation for their injuries and damages.
- Economic, non-economic, and punitive damages are three types of damages in a personal injury claim.
- An experienced personal injury attorney can help you build a strong case and ensure that you are fully compensated for all of your losses.
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