In a personal injury lawsuit, the injured party (plaintiff) seeks compensation for losses such as medical bills, lost wages, and property damaged or lost as a result of another party’s negligence. Compensatory damages are the financial award made to the plaintiff in a personal injury case.
Compensatory damages In a personal injury case pay for losses like medical expenses and lost wages as well as emotional suffering. Economic and non-economic damages are the two main categories of compensatory damages.
Economic damages are intended to provide the plaintiff with full financial recovery. These kinds of damages are frequently verifiable with the help of paperwork, bills, and cost evidence. Medical expenses and missed wages rank as the most typical types of economic damages. Any costs made in connection with the injuries’ treatment are included in the medical bills, including:
- Cost of using an ambulance
- Hospital stays and medical expenses
- Costs of physical therapy and rehabilitation services
- Medical supplies, prescription medications, and medication
- Costs associated with residing in a nursing home
- Home healthcare and domestic services
- Increases in living costs as a result of medical conditions
- The cost of transportation to and from doctor appointments
- Any earnings the injured party would have made if they had been able to work but weren’t able to because of their injury is considered lost income.
Future lost income and earning ability may be included in the economic damages awarded in the event of a significant accident that renders the injured party permanently unable to work or perform the same work.
Non-economic damages, in contrast to tangible economic damages, refer to the victim’s intangible losses. Non-economic damages are a type of compensation which take into account an injured person’s physical suffering and emotional trauma as a consequence of the accident, in contrast to economic damages, which are typically meant to help restore a person to their financial situation prior to the accident. Non-economic losses frequently occur as:
- Pain and suffering, as well as any disabilities the victim has because of the injury.
- psychological trauma, which can also involve sexual harassment, humiliation, or physical abuse on top of physical damages incurred.
- Loss of consortium, which is the absence of a typical family interaction or bond brought on by a death or incapacity.
- Defamation is the dissemination of misleading information with the goal of tarnishing a person’s reputation. This could be spoken or written.
- Disfigurement, sometimes known as a permanent change to a person’s appearance, includes scars.
- Loss or deterioration of one’s physical or mental capability, especially the loss of one’s capacity to take care of oneself or make independent decisions.
- Loss of life’s pleasures. The amount of compensation granted for non-economic damages varies per case because they aren’t assigned an exact monetary value. The severity of the injuries, changes in lifestyle both before and after the accident, and age all play a role in determining those losses.
A plaintiff who claims for compensation in court must demonstrate that the injury they suffered is attributable to the defendant’s negligence. They must also be able to quantify the loss and get the judge or jury to agree on a dollar figure.
How are damages determined?
The first step in getting paid is contacting a skilled personal injury attorney who specializes in personal injury law and how to get you fairly compensated for your injuries.
Your attorney will determine a settlement demand as part of your personal injury lawsuit based on your financial losses and a number of other variables. Together with you, your attorney will develop evidence to support your claims and the damage amount you are seeking. After the claim or lawsuit is filed, the defendant may reject the entirety of your claim or make a counteroffer, which may lead to further negotiations.
Consult a New Jersey personal injury attorney
If you or a loved one has been hurt as a result of the negligent action of a person or business, you are entitled to compensation for your medical costs, lost present and future income, and lost or damaged property. Let the knowledgeable New Jersey personal injury lawyers of Grossman Law Firm work on restoring your financial health while you concentrate on regaining your physical health.
Contact us at (732) 625-9494. We are prepared to devote the time necessary to your case and fight for the proper compensation to which you are entitled.