Personal injury is a term that applies to any physical, emotional, or psychological harm an individual suffers due to another party’s negligence or intentional wrongdoing. When a person is injured due to someone else’s negligence, they may be entitled to compensation in the form of damages.
These damages may be in the form of medical expenses, loss of income, pain, suffering, and other forms of compensation. The amount of compensation awarded is dependent on the nature of the injury. Here are the three main types of damages available in personal injury cases:
1. Punitive Damages
Punitive damages are awarded to an individual injured due to another party’s intentional wrongdoing. These damages are awarded as punishment for the other party’s actions. The punishment is meant to deter the party from engaging in similar harmful behavior in the future. These damages are only awarded to the victim if they prove that they suffered significant financial losses due to the other party’s actions.
A judge or jury may choose to award punitive damages in a personal injury case if they believe that the other party acted maliciously or intentionally acted with malice. For example, if a person is injured in a company and they knew about the risks of working in such an environment, the judge may choose to award punitive damages.
2. Economic Damages
Economic damages are awarded to compensate an individual for their financial losses due to another person’s actions. These damages are meant to restore the victims' financial position before their injury occurs. These damages are only awarded if they prove that they suffered significant financial losses due to the other party’s actions.
In a personal injury case, a victim may be awarded economic damages if they can prove that they suffered significant financial losses as a result of the other party’s actions. For example, if a person was injured in a car accident and had to pay for the medical bills and lost wages to recover from the injuries, or if the driver was found guilty of drunk driving and the victim had to pay the medical bills for their injuries.
A jury or judge awards compensation after the plaintiff proves that the defendant’s actions caused their injuries. They need to prove that the defendant acted maliciously or intentionally acted with malice and that the injuries were severe and permanent. The court will also consider the damage the victim suffered, their ability to work after the injury, and if any other medical conditions may hamper their work.
When calculating compensatory damages, a body part value chart determines how much a person is worth. This value is then multiplied by the number of months they have been unable to work due to their injuries. The total amount of damages is then awarded.
3. Noneconomic Damages
These damages are meant to compensate the victim for emotional distress and their loss of enjoyment of life. These damages are also meant to compensate the victim for mental distress, pain and suffering, loss of companionship, reputation, enjoyment of life, and loss of services while recovering from their injuries.
These damages are intangible and have no dollar value. They are awarded to the victim to compensate for the emotional pain they suffered due to the injury.
When calculating noneconomic damages, the court will look at the nature and extent of the plaintiff’s injury, age, occupation, and financial resources. The court will then determine how much those damages would have been worth to the victim if they had not suffered the injuries.
Insurance companies find it easier to compensate for economic damages than noneconomic damages. The insurance company can claim that the injury has caused the victim to lose money. They can then calculate how much money they will have to pay to compensate the victim for their injuries.
If an injury results in a loss of health, it is more difficult to determine how much money will be paid out by an insurance company. However, if there are economic damages resulting from the injury, then it is easy for an insurance company to calculate those damages and set a compensation amount.
The main goal of noneconomic damages is to compensate victims for their pain and suffering while recovering from their injuries and trying to regain full use of their bodies. The court will determine what these damages would have been worth if they had not suffered any injuries.
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