If you have been injured in an accident caused by someone else's negligence, you can pursue damages in a personal injury claim. While no one can promise or foresee the exact amount you will recover from such a claim, you should know the types of damages you can seek. That way, you have a better chance of receiving the compensation you are entitled to depending on the nature of your injuries.
This blog will cover what makes a person eligible for damages and the three different types of compensation you can seek. For more information, speak with your attorney.
Can You Seek Compensation for Your Injury?
Whether or not you can recover damages in a personal injury claim will depend on the extent to which you contributed to the accident. In some states, courts base their decision on contributory negligence law, where if the plaintiff’s negligence contributed at all to the injury, then they are not entitled to any damages. On the other hand, other states use comparative negligence law, where you can receive partial compensation in proportion to how much of the injury was caused by the other party.
Pennsylvania applies modified comparative negligence law. This means you can recover damages even if you partially contributed to an accident. If you are 50 percent at fault, you win half the value of the case. If you are 50 percent or more at fault, the court will not award you any damages. If the defendant is 50 percent or more at fault, you need an experienced personal injury lawyer to help you build a strong case to show it.
Proving negligence and causation, and eventually collecting damages, makes most personal injury cases particularly complicated. For example, regarding car accidents, no matter what the age of your vehicle, you need to carry Full Tort not Limited Tort insurance. Additionally, you should carry Uninsured and Underinsured Motorist coverage and keep stacking. To maximize your claim, don’t waive any of these as you recover from your injuries. It is critical that you contact an experienced personal attorney as soon as possible to discuss your situation and build a case that will ensure you are adequately compensated.
What Are the Types of Damages?
Personal injury damages primarily include general, specific, and punitive damages. Below is an in-depth explanation of each type of compensation. For more detailed information about how each type of compensation factors into your case, speak with a personal injury lawyer.
General Damages
General damages compensate for the general harm suffered from an accident. This type of harm or injury is nonmonetary and includes suffering, pain, and emotional trauma. You can also claim general damages for other types of losses such as a damaged reputation, loss of consortium (the loss of the benefits of a family relationship), and disfigurement.
Attaching an economic value to general losses is difficult. Insurance companies total the medical expenses incurred from the accident and use this as the base amount to determine how much to compensate an injured person for nonmonetary losses.
In a personal injury trial, the jury typically awards higher general damages when it is evident that the plaintiff has suffered severe mental and emotional trauma. If your lawyer thinks you should seek general damages, you’ll need to collect evidence that shows the way your injury has affected your mental and emotional health.
Special Damages
If you suffer economic losses due to an accident, you may be entitled to claim special damages. Economic losses may include property damage, medical expenses and continued medical care, loss of current and future ability to earn a living, and household expenses.
The amount of special damages you can recover varies from one person to the next depending on the extent of the loss. While there is no limit to the amount you can claim, the jury will evaluate the defendant's degree of negligence when deciding on the exact amount to award you.
General and special damages, collectively known as compensatory damages, are awarded to help you get back to where you were financially before the accident.
Punitive Damages
In some instances, the defendant's negligence or behavior was so outrageous that it caused you an extreme amount of harm. If you are a victim of acts such as fraud, defective products, sexual assault, or aggravated battery, a jury may award you punitive damages.
While compensatory damages are meant to restore your financial status, punitive damages are implemented to punish the defendant for their negligence and to deter them from engaging in similar behavior in the future.
There is a limit on the amount of punitive damages a jury can award a plaintiff. When determining the appropriate amount of punitive damages to issue, the court considers the compensatory damages awarded. In most cases where the court awards punitive damages, the jury will award the plaintiff up to double the amount of the compensatory damages.
Call Clearfield & Associates today for an initial consultation, expert advice, and professional representation throughout the personal injury case process. We serve Philadelphia, PA, and the surrounding region, and we’re ready to speak to you about your case.