When filing a personal lawsuit over slip, fall, car accidents or any other type accidents, you should understand the worth of the case. Damages are figured out on the basis of how these injuries have affected you mentally, physically and monetarily. In legal terms the affected person is called the plaintiff and the person who caused the injury is called the defendant.
In a personal injury case, the defendant is responsible to pay for injuries caused to the plaintiff. The damages can be agreed between parties, attorneys and insurance companies. If the injured party is not satisfied, he/she can opt for a lawsuit.
Compensatory Damages in Injury Cases
Compensatory damages are those that are meant to compensate for the injuries caused to plaintiff. These damages play an important role in bringing the injured party back to normal life. Some of these damages can be easily quantified, like reimbursements for medical bills and property damages. But it is difficult to place dollar figure on pain and suffering caused to the plaintiff. Common type of compensatory damages include
Compensatory damages include compensation for loss of salary or wages. Compensation is not only available for the income you have already lost but also for future earnings.
Loss of Enjoyment
“Loss of enjoyment” damage can be claimed if the injured party is not able to carry out his/her day-to-day exercise, hobbies and other activities.
Medical treatment covers the damages caused by an accident. It covers the cost incurred for the treatment of then injuries that you have already received and compensates for all the medical care required in the future.
The injured party will get reimbursement for any damages caused to his/her property. The injured party either receives compensation for the market value of the property or reimbursement for the repairs.
Loss of Consortium
An accident affects the relationship between the plaintiff and family members. It affects husband-wife and parent-kid relationship in general. “Loss of consortium” damages are directly awarded to family members in some cases.
Pain and Suffering
Compensation can be claimed for the pain and suffering caused due to an accident. Compensation for an ongoing pain can also be claimed.
“Emotional distress” damages are meant to cover psychological impact of an injury. Psychological impact mainly includes sleep loss, anxiety and fear. Emotion distress is considered to be a part of “pain and suffering” damage in many states.