Charlotte Injury Lawyers Blog
Types of Damages in a Personal Injury Case
A serious accident can happen in an instant, yet you may suffer the consequences for years. The party responsible for the crash should be held accountable for your medical bills and other damages as a result. It is helpful to understand the compensation you may be owed when you were hurt in an accident that wasn’t your fault.
What are Damages in a Personal Injury Claim?
Damages are the compensation a person requests to make them whole after an accident. Damages are designed to provide someone with money to cover the costs and expenses that they incurred as a result of the negligent actions of another. They are supposed to make you whole, in the position you were in prior to the accident. In a personal injury claim, there are two main types of damages, including compensatory and punitive.
Compensatory Damages
Compensatory damages are the losses that are a direct result of an accident or negligent behavior. Compensatory damage awards fall into two categories, including economic and non-economic. Economic damages are those that have a tangible dollar value. These are sometimes called actual damages. Non-economic damages are losses that do not have an actual receipt.
Economic Damages
Economic damages are easy to calculate because they have specific dollar amounts in the form of bills or receipts. Some examples of economic damages include:
- Medical Bills
- Costs of Prescriptions
- Hospital Costs
- Rehabilitation Costs
- Lost Wages
Non-Economic Damages
Non-economic damages do not have a specific value, and therefore the courts must calculate the amount of money to award. The judge may use various methods to calculate non-economic damages, such as a percentage of the economic damages or as a per diem amount for the length of time a victim suffered as a result of injuries. Examples of non-economic damages are:
- Pain and Suffering
- Loss of Enjoyment of Life
- Loss of Consortium
- Disfigurement
- Impairment
- Emotional Distress
Punitive Damages
Punitive damages are considered punishments and deterrents. A judge may require punitive damages in cases where the actions of a defendant are extremely egregious, intentional, or grossly negligent. Punitive damages are also sometimes called exemplary damages. These are designed to deter behavior that is harmful to others. Punitive damages are not standard in all cases.
Are There Limits to Compensation in A Personal Injury Case?
North Carolina law does put a cap on the amount of damages available in some types of personal injury cases. There are no caps on economic damages or non-economic damages in standard personal injury cases. Medical malpractice cases have a damages limit that changes periodically based on current inflation rates. Punitive damages are capped at three times the compensatory damages or $250,000, whichever is more.
After an accident, the insurance company may likely try to settle the claim as quickly as possible and often for as little as possible. They may not always offer a settlement that provides enough compensation for your injuries and may not include non-economic damages. Before you agree to settle a claim, you may want to speak with a knowledgeable personal injury attorney to assist in the process.
If you or a loved one was hurt in an accident, you may be owed money for your damages. Contact our experienced legal team at Arnold & Smith, PLLC, at (704) 370-2828 for a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury and boating accidents. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.law.cornell.edu/wex/damages
https://www.law.cornell.edu/wex/pain_and_suffering
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