What Are The Types Of Damages that Can Be Recovered In A Personal Injury Case?

What Are The Types Of Damages that Can Be Recovered In A Personal Injury Case?

The initial step in every personal injury lawsuit is to establish negligence. The plaintiff must then establish the other party’s negligence directly caused their injury, which is known as causation. The injured party must then decide what damages they are attempting to recover in the settlement.

There are two basic categories of recoverable damages in a personal injury lawsuit: compensatory and punitive. To determine if one (or both) will be able to satisfy a harm claim, plaintiffs must comprehend the differences between the two.

Major Personal Injury Case Types

Personal injury law, commonly known as “tort” law, aims to make amends for those who suffer losses as a result of the conduct of others. Typical personal injury claim examples include:

  • Auto mishaps: The majority of personal injury claims and lawsuits in the US are related to auto accidents. When drivers break the law of the road, car accidents frequently result.
  • Falling-off cases: A “slip and fall” case, sometimes known as a “premises liability” case, is another typical sort of personal injury case. Legal obligations require property owners to keep their homes and businesses secure. A person may file a lawsuit against the property owner for damages if they suffer an injury as a result of the unsafe property
  • Product liability: People who sustain injuries as a result of a faulty or excessively dangerous product may bring a lawsuit against the product’s seller and maker.
  • Accidents account for the majority of personal injury claims, but you can also file a lawsuit against someone who purposefully hurts you.

Medical malpractice, dog bite injuries, defamation, wrongful death, and child sexual abuse claims are more instances of personal injury cases.

Two Different Forms of Compensatory Damages

They are meant to restore plaintiffs to their pre-injury state, to the extent that is practicable. Compensation damages can be split into two primary groups: special and general.

Special Damages

Special damages, sometimes referred to as “economic damages,” reimburse claimants for out-of-pocket costs associated with their injuries. Among exceptional damages examples are

  • lost wages (past and future)
  • medical expenses (past and future)
  • the price of replacing damaged goods, cleaning services, and household expenses while the plaintiff is healing.

General (Non-Economic)

Special damages are easier to quantify than general damages, sometimes known as “non-economic damages.” They are designed to make up for plaintiffs’ intangible losses resulting from harm, such as

  • Trauma and Stress (both physical and mental),
  • bodily impairment or disfigurement,
  • loss of reputation,
  • loss of pleasure in life.

Death by Mistake Damages

The surviving family members of the victim may bring a wrongful death claim or lawsuit when the victim dies as a result of another person’s negligence or wilful wrongdoing.

Damages for wrongful death include, for instance:

  • burial and funeral costs
  • Cost of the deceased person’s pre-death medical care, together with their pain and suffering, due to emotional anguish (called a “survival claim”)
  • Loss of consortium as well as loss of the expected income and services that the deceased person would have given.

The person in charge of the victim’s estate often brings wrongful death claims on behalf of the survivors. The precise criteria for someone to count as a survivor differs from state to state.

Punitive Damages

The purpose of compensatory damages is to make up for the plaintiffs’ losses. Punitive damages are something else. Punitive damages are intended to hold defendants accountable for their improper conduct. Punitive damages are typically only available in places where there has been purposeful wrongdoing, such as a serious battery, sexual assault, or massive financial fraud. Punitive damages are permitted in other states when there has been “gross negligence.” When defendants disregard the safety or life of others, they exhibit extreme negligence.

Speak with a lawyer

Speak with a lawyer if you’re considering bringing a personal injury claim or lawsuit. A lawyer can provide you with information and assist you in determining the worth of your settlement. From Siler & Ingber, find out more about selecting a personal injury attorney.

Share this post

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

PROMOTION PERIOD: The Siler & Ingber Mineola MegaStar Contest begins on March 20, 2023 at 12:00 am ET and
ends on May 1, 2023 at 11:59 PM ET.

ELIGIBILITY: To be eligible, a MegaStar must be a legal U.S. resident at least 16 years of age as of date of
Nomination. A Mineola MegaStar is defined as a person who lives or works in Mineola and is admired or idealized for their courage, dedication, outstanding achievements, or noble qualities. By participating, Entrants agree to be
bound by the official rules. Sponsors reserve the right to verify and determine eligibility in their sole discretion.

TO PARTICIPATE: During the Promotion Period, Siler & Ingber will accept from the members of the public (herein, the “Nominators”) nominations of Eligible Entrants (Mineola Megastars) who live or works in Mineola. Nominations may be entered by visiting www.nylawnet.com/mineolamegastar and completing the online form and essay submission or by emailing photo and essay to marketing@nylawnet.com during the Promotion Period to receive one (1) entry. Essay must not exceed 500 words. Acceptable essay formats are word documents or pdf ONLY. Nominations submitted without all required information or after the Promotion Period will be disregarded.
Online submissions must be received by May 1, 2023 at 11:59 PM ET to be eligible. All entries become the exclusive property of Siler & Ingber and will not be acknowledged or returned.

ESSAY: During the promotion period, an Entrant can nominate a Mineola MegaStar for the contest by submitting a
photo and essay. The essay must describe why the individual should be chosen as the award winner, including how the individual demonstrates some or all of the following qualifications:

1) an inspiring example to others by helping make Mineola a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.)

2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or

3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. An Entrant cannot nominate more than one Hero.

Submitted Materials: Each essay must satisfy all the following submission requirements the Submission


Requirements:

· The essay must be the original creation of Entrant.

· The essay must not portray any recognizable individual without their prior consent, including consent from the
Hero.

· Entrant must either own all rights to the essay or otherwise have the right to submit the essay in the contest and to provide the rights to Sage Surfaces as set forth herein.

· The essay must not infringe any third party’s intellectual property rights.

· The essay may not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.

· The essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

· The essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.

· The essay must otherwise be appropriate for publication or broadcast or display on a general interest website.

By submitting an essay, each Entrant represents and warrants that the essay meets all of the submission
requirements and that the distribution, reproduction, display and any other uses of any part of the essay by Siler & Ingber as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Siler & Ingber harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by contestant or of these official rules.

By submitting an essay, Entrant grants to Siler & Ingber a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the essay) to display or otherwise use the essay in connection with this promotion and as set forth herein. If Siler & Ingber determines, in its sole discretion and at any time during the promotion period, that any nomination violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these official rules, Siler & Ingber reserves the right to remove and disqualify the essay. Siler & Ingber retains sole
discretion as to whether any nomination satisfies the submission requirements and the official rules.

WINNER SELECTION: For the entry period, a panel of judges will select potential Mineola Megastar finalists based on the compelling nature of the essay based on the criteria set forth herein. Top 5 entries will be announced on May 10, 2023. We will post the top 5 on social media. Final winner announced May 15, 2023. Award Ceremony for Mineola MegaStar will take place on May 19, 2023.


WINNER NOTIFICATION AND RELEASES: We will attempt to notify potential winners via telephone and/or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these official rules, (c) does not meet the eligibility requirements, (d) declines the prize, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above.
PRIZES: There is 1 Mineola MegaStar. Winner will receive a $500 Cash Prize.

PUBLICITY AND MARKETING: Submission of a nomination in the contest constitutes permission to Siler & Ingber to use Entrants name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law.

PRIZE RESTRICTIONS: No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsors, which reserve the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsors. Sponsors are not responsible for and will not replace a lost or stolen Prize or any component thereof. All Prize details are at Sponsors’ sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification and, at Sponsors’ sole discretion, the awarding of Prize to an alternate winner.

VERIFICATION OF OFFICIAL WINNER: ALL PRIZE WINNERS ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

Do I Have A Case

    Skip to content