Damages Recoverable in Personal Injury Actions
April 11, 2016 | By Colombo Law
After an injury, clients often have a multitude of concerns with varying levels of urgency. Although most are immediately concerned with their health and the immediate need for financial stability, at some point victims are concerned with additional relief that can be obtained and the different types of compensation available. Damages is a tort law remedy which allows an injured party to obtain monetary compensation. All elements of a claim must be met before damages are awarded. There are three different types of damages: compensatory, general, and punitive damages. If you or your loved one is involved in an accident and you believe the individual is entitled to damages, contact Colombo Law for a review of your claim.
Compensatory Damages
Compensatory Damages are damages awarded to reimburse an injured party for specific losses. Compensatory damages are damages which can be subject to an exact calculation. Some examples of compensatory damages include:
- Lost wages: An injured party may seek compensation for missing days of work as a result of the personal injury including, but not limited to, doctor’s visits, bed rest, therapy, and/or tending to other appointments and affairs. Lost wages are not limited to a particular time period; instead, it can include past, present, and future lost wages.
- Out of pocket expenses: Any out of pocket expenses that are proximately caused as a result of the accident or incident may be claimed by an injured party. These out of pocket expenses are also subject to a sum certain.
General Damages
Unlike compensatory damages, general damages are damages that cannot be subject to an exact calculation. Generally, these damages are difficult to measure and the amount awarded is determined by a jury. General damages include:
- Pain and Suffering: Pain and suffering are general damages awarded to compensate not only for the aches and pains endured after a tortious encounter but also for things such as mental health treatment.
- Loss of consortium: Loss of consortium is a claim brought by family members where there is injury to and limitation on activities that the injured party performed prior to the accident. A loss of consortium claim may be brought where the injured party is not able to cook, clean, or engage in recreational activities. It may also be claimed by a spouse where is intimacy is affected as a result of the injury.
Punitive Damages
Punitive damages are those damages put in place to punish a wrongdoer. These damages serve as the state’s intention of imposing a monetary fine to deter future action. Damages are capped at a certain amount to avoid excessive fees. Punitive damages are generally awarded in cases where gross negligence occurs or an intentional act is committed.
Experienced Personal Injury Attorneys
At Colombo Law, our focus is to ensure that you have skilled representation so that you have the best chance to obtain the maximum amount of recovery for your injury. For a review of your claim and advice as to your potential recovery, contact Colombo Law today to schedule initial consultation.
