Personal injury is a form of tort that occurs when one party suffers harm due to another party’s negligence or intentional actions. The victim files the case against the offender and seeks compensation for the damages caused to them.
The amount and types of damages recovered can be diverse based on the case. Here’s an overview of the different forms of damages recoverable by the plaintiff in a personal injury case.
Medical Costs
The most common award in personal injury claims pertains to medical costs. These costs can include expenses for hospital stays, surgeries, rehabilitation, and ongoing medical treatments necessary for recovery.
In Georgia, understanding the nuances of these compensation types is crucial, as the legal framework may affect the amount and types of damages awarded. Hiring a knowledgeable Personal Injury Attorney in Georgia can help victims navigate the complexities of their cases, ensuring that all medical expenses are accurately documented and presented.
Wages Lost
One significant component is wages lost, which refers to the income an individual misses due to their inability to work while recovering from their injuries. If the injury means the plaintiff is unable to work, they will be awarded damages in regard to wages lost. This can include any time spent in the hospital recovering and lost wages if the plaintiff is unable to return to his or her former position or work at the same level.
These lost wages can include bonuses, commissions, and other valuable income opportunities that would have been accessible if the injury had not taken place.
Pain and Suffering
Pain and suffering damages are compensatory damages that deal with the physical pain and anguish caused by the effects of the injury. This is a personal category of compensation because it attempts to explore the non-economic impact of the injury on the plaintiff’s life. Pain and suffering damages may be recovered for chronic pain, discomfort, anxiety, depression, and in general the qualitative loss of quality of life caused by the injury.
Punitive Damages
Punitive damages are not available in every case of personal injury because punitive damages have been designed to punish the defendant for really dangerous or even evil conduct rather than to just compensate the plaintiff for his losses.
Punitive damages are often awarded in cases of willful negligence or egregious conduct, often committed by drunk drivers, or fraud perpetrators. Punitive damages are intended to punish and give actions to the defendant similarly situated in a manner calculated to discourage them from further behavior of that sort.
Conclusion
Personal injury cases encompass a broad spectrum of compensatory damages undertaken in the process of making the injured party whole after their accident. These include both medical expenses and lost wages through emotional distress and loss of enjoyment.
Based on the specific circumstances of the case, the plaintiff may claim one or more of these kinds of damages to cover the economic as well as the non-economic impact of the injury suffered.
FAQs
- What are the major categories of damages awarded in a personal injury case?
There are mainly three: medical costs, loss of wages, and also pain and suffering.
- Am I eligible for compensation for emotional damages?
Yes, you’re allowed to recover compensation for emotional distress, provided the injury was accompanied by such severe psychological impairment as anxiety or depression.
- What are punitive damages in a personal injury case?
Punitive damages are awarded as a form of punishment to the defendant for outrageous, reckless, or malicious behavior in a given case and to deter similar conduct in the future.
