What Damages Can I Claim in a Personal Injury Lawsuit?

A serious injury can leave you facing unexpected expenses, emotional distress, and a long road to recovery. You may be compensated if someone else’s negligence or misconduct caused your injuries. Understanding the types of personal injury compensation, called “damages,” that are available can help you recover financially and move forward with your life. 

What Are Personal Injury Damages?

Personal injury damages are the money awarded to someone who gets hurt because of another person’s negligence or wrongful actions. This compensation helps cover medical bills, lost income, and pain and suffering. But an injury affects more than just your wallet—you might not be able to work. You might need ongoing rehab or have to deal with emotional stress that impacts your daily life. That is why it is essential to understand what you can claim in a personal injury lawsuit. Knowing how damages are calculated and what affects your case can significantly affect the outcome. 

Types of Personal Injury Damages

There are three main types of damages in personal injury cases: economic, non-economic, and punitive. 

Economic Damages

Economic damages, also known as special damages, are meant to compensate for measurable financial losses from an injury. They can be calculated based on bills, receipts, and expert evaluations of future losses or future medical expenditures.

Common examples include:

• Medical Expenses: Reimbursement for hospital stays, surgeries, medications, rehabilitation, and future medical treatments related to your injury. These costs should be factored into your claim if your injury requires long-term care, such as physical therapy or home modifications.
• Lost Wages: Compensation for income lost due to missed work and lost earning potential if your injury affects your ability to work long-term. Even if you can return to work in a limited capacity, you may be entitled to compensation for the difference in wages.
• Loss of Earning Capacity: If your injury results in a permanent disability that reduces your ability to earn income, you may be compensated for the difference between your pre- and post-injury earning potential. This is particularly important in cases where a victim can no longer perform the same type of work as before.
• Property Damage: If your car or other personal property was damaged in the accident, you could obtain money to cover repairs or replacements.

Economic damages are essential in making sure you’re not stuck paying for someone else’s mistake. This money can cover both immediate costs and long-term financial losses caused by your injury. 

Non-Economic Damages

Non-economic damages, also called general damages, compensate for intangible losses that are more difficult to quantify. While these losses do not come with receipts or invoices, they have a significant impact an injured person’s life.

Common examples include:

• Pain and Suffering Compensation: Damages were awarded for physical pain and discomfort caused by the injury. Chronic pain or long-term suffering can lead to significant lifestyle changes that deserve compensation. Learn more about how to calculate pain and suffering from our blogs.
• Emotional Distress: Compensation for anxiety, depression, PTSD, and other psychological effects caused by the accident. Emotional trauma can be just as debilitating as physical injuries, making it an important aspect of your claim.
• Loss of Consortium: If your injury affects your relationship with a spouse or family, they may be entitled to money for the loss of your companionship and support.
• Reduced Quality of Life: Compensation for limitations on daily activities, hobbies, or general enjoyment of life due to your injury. If you can no longer engage in activities you once loved, this loss could be factored into your compensation.

Non-economic damages recognize the profound personal impact of an injury. These damages are meant to compensate you for how the loss affects your well-being, relationships, and overall quality of life. 

Punitive Damages

In some cases, courts award punitive damages to punish the responsible party for particularly reckless or intentional misconduct. While economic and non-economic damages compensate the victim, punitive damages in personal injury claims serve as a deterrent to prevent similar behavior. These damages are not awarded in every case and typically require clear evidence of gross negligence or willful wrongdoing. In Utah, the law does not allow punitive damages in cases of ordinary negligence.

Punitive damages may be awarded in cases involving:

• Drunk driving accidents
• Medical malpractice due to intentional misconduct
• Nursing home abuse
• Defective products with known safety risks

Punitive damages aren’t just about compensation—they’re meant to hold reckless individuals accountable and send a clear message that dangerous behavior won’t be tolerated.

Calculating Personal Injury Compensation

The value of a personal injury claim depends on several factors, including the severity of the injury, medical costs, the impact on earning potential, and non-economic losses. Compensation will be determined after taking the following into account:

• Medical records and treatment costs
• Lost wages and reduced earning ability
• Pain and suffering
• The extent of permanent disabilities or impairments
• The degree of fault and liability

Although insurance companies and attorneys have developed formulae they use to assign a value to non-economic damages, the courts are not bound by any formula. The judge or jury is free to assess whatever value they see fit for these losses.

Because each case is unique, working with an experienced attorney can help maximize your personal injury recovery and ensure that the court is aware of all eligible losses in your claim. 

Factors Affecting Personal Injury Awards

The final award amount in a personal injury case depends on various factors, including:

• Severity of Injuries: More serious injuries generally lead to higher compensation.
• Medical Treatment: The cost of treatment and future medical needs impact the value of a claim.
• Liability and Fault: If the other party is clearly at fault, your chances of a higher settlement increase.
• Insurance Policy Limits: The at-fault party’s insurance coverage may limit the amount available for compensation.
• Effective Trial Strategy: A skilled attorney can present a compelling case that outlines how you were harmed by the at-fault party, how much their misconduct has cost you, and the changes in your post-accident life that require compensation.

Maximizing Your Personal Injury Recovery

If you’ve been injured due to someone else’s wrongdoing, do not try to take on the legal process alone. London Harker Injury Law is here to explain your rights and fight for the compensation you deserve. Contact our law firm today at 77CARCRASH or visit our contact page for a free consultation.