Personal injury law enables individuals to claim compensation from third parties whose negligence has caused injury or harm to them. By filing a civil claim against the other party, personal injury laws aim to correct the wrong and hold them accountable for their actions.
The amount awarded to the claimant, known as damages, is intended to compensate them for their losses due to their accident. This may cover tangible losses like medical expenses and lost wages, as well as intangible losses like emotional distress and pain and suffering.
In personal injury cases, damages can also be awarded to claimants as a way to penalize the defendant’s behavior. This article will review the different categories of compensation that may be awarded to a claimant in a personal injury case.
Compensatory Damages
This category of damages is intended to compensate the claimant for the injuries and losses they sustained, with the goal of restoring them to the financial, physical and emotional state they were in before their accident. By quantifying those losses monetarily, compensatory damages effectively aim to make the injured party ‘whole’ following their accident. They are categorized as follows: special damages and general damages.
Special Damages
Special damages are awarded to compensate the claimant for losses that can be clearly quantified. They are often referred to as ‘economic damages’ and include items like:
- Medical expenses
- Property damage
- Lost wages
- Rehabilitation costs
- Home modifications costs
- Travel to and from appointments
- In-home care costs
If you have been injured in an accident that was not your fault, you may be entitled to compensation. For more information and guidance regarding your situation, it is advisable to speak to an experienced lawyer such as this Birmingham personal injury lawyer.
General Damages
General damages, or non-economic damages, relate to intangible losses incurred by a claimant. Due to their subjective nature, they are more challenging to quantify compared to special damages. They include matters like:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Physical impairment
- Scarring and disfigurementÂ
When determining general damages, several factors are taken into account. These include the severity of the injury, the level and duration of pain and suffering endured and the estimated time it will take them to recover.
Punitive Damages
Instead of merely compensating the claimant for their losses, punitive damages are designed to penalize or punish the defendant for their conduct and deter other people from engaging in similar behavior.
However, punitive damages are not awarded in every case. They will only be awarded when a defendant is considered to have acted in a way that was particularly egregious, reckless or intentional and not just negligent. In this way, they are designed to send a clear message to others that there will be severe financial consequences for such conduct.
While there is no upper limit to the amount that can be awarded, the courts do adhere to proportionality principles when making their decision. In practice, this means punitive damages rarely exceed four times compensatory damages.
The amount of compensation a claimant receives in a personal injury claim will depend on the types of damages awarded, which are based on the specific facts of their case.
