Greenwald Law Firm: What are The Damages of a Personal Injury Case
If you have been a victim of car accident, workplace accident, slip and fall, medical negligence, or any personal injury case, it is important to get well-compensated for all the damages you have obtained from the at-fault party if your case is successful. In this article, let’s talk about the different types of damages of a personal injury case. While it is true that pain and suffering cannot be measured, damages aim to reduce the burden that a plaintiff experiences, recover from injury, and be compensated for his lost wages. There are different types of damages involving a personal injury claim depending on the laws of the state, the type of case, and the circumstance of the injuries.
The types of damages in a personal injury case may include compensation for the cost of hospitalization or medical bills arising from the injuries caused by the defendant, lost wages, pain and suffering, emotional distress, wrongful death, loss of companionship or loss of consortium, and punitive damages. The plaintiff should be well-compensated for all the cost of medication and treatment, including physical therapy, nursing home stays, or hospital stays. The medical portion of the damages include all medical expenses that the plaintiff had to pay for the entire course of his treatment, including the foreseeable future costs. Lost wages include payment for any work that a plaintiff had to miss due to the physical injuries and treatment, and even the plaintiff was able to seek vacation days or sick leave, he still deserves to be compensated for the loss of those days. In terms of pain and suffering, insurance companies usually use a technique which is referred to as “pain multiplier” just to come up with a fair and reasonable number of “pain and suffering” damages, and this is done by multiplication of the actual financial losses (lost wages and medical bills) times a number that the insurer deems appropriate (between 1.5 and 5).
A defendant is also responsible for the emotional distress damages as evidenced by psychiatric records such as diagnosis of post traumatic distress disorder, thus adding to the amount of compensation that is awarded to the plaintiff. Some states regard loss of consortium in a very specific way wherein the inured person loses the ability to have an intimate relationship with the spouse, so the spouse can raise a claim for loss of consortium. The categories of damages can be divided into economic and non-economic damages. You can set up an appointment with a personal injury lawyer now by checking our website or homepage for more information sow e can help you with your claim. A personal injury lawyer can help you in seeking the right compensation your deserve so you can get justice for your personal injury case.