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After an accident, medical bills, such as emergency room visits, are just one type of damage you can pursue. Several types of personal injury damages might apply to your case, depending on factors like the accident location, the type of injury, and how it has impacted your life.
Understanding these damages is essential because it can help you seek the maximum compensation you deserve. The personal injury damages you may be entitled to collect can include lost wages, pain and suffering, and other losses.
At George Sink, P.A. Injury Lawyers, our experienced and compassionate attorneys are here to guide you through this challenging time and help you identify the damages you may be able to pursue. If you were injured due to someone else’s negligence, contact us today for a free case review. We’ll work with you to explore your options and provide personalized legal support.
What Are Damages in a Personal Injury Case?
In a personal injury case, damages refer to the losses you’ve experienced as a result of your accident. The types of damages in personal injury cases can include financial losses, like medical bills and lost income, and non-financial impacts, such as pain and suffering. The goal of pursuing damages is to hold the responsible party accountable for the harm they’ve caused and help restore your financial stability after an accident.
How Are Personal Injury Damages Classified?
Personal injury damages typically fall into two main categories: compensatory and punitive. You can further divide compensatory damages into economic and non-economic damages. Let’s take a closer look at what these mean below:
Compensatory Damages
You could be awarded compensatory damages to help you recover financially from the losses caused by your accident. These damages cover the costs you’ve incurred. As mentioned, damages can cover many losses, from emergency medical care and ongoing treatment to lost wages and long-term disability. Pursuing compensation for compensatory damages is the most common way victims seek to recover financially in a personal injury case.
To receive compensatory damages, you must prove, with substantial evidence, that the other party’s actions directly led to your injury, and the resulting losses need to be adequately documented and calculated. A personal injury attorney can help you gather the necessary evidence to support your claim, and they will assist you in preserving important documents and bills to improve your chances of recovering your damages.
Special or Economic Damages
Special damages cover the specific, out-of-pocket expenses you face due to your injury. These are measurable losses with precise dollar amounts. Common examples of special damages you may be able to recover include:
- Medical Bills: This includes all medical expenses tied to your injury, whether from past, current, or future care. It covers doctor visits, hospital stays, surgeries, medications, and emergency services.
- Lost Wages: If your injury caused you to miss work, you may be compensated for the income you would have earned during that time.
- Loss of Earning Capacity: If your injury affects your ability to work, temporarily or permanently, you may be entitled to compensation for future lost income.
- Rehabilitation Costs: Expenses for physical therapy, occupational therapy, or any other treatments needed for your recovery can be part of your special damages.
- Out-of-Pocket Expenses: These can include travel costs to and from medical appointments, home or vehicle modifications to accommodate your injury or other direct expenses related to your recovery.
You’ll need solid documentation and clear financial values to recover special damages. At George Sink, P.A. Injury Lawyers, we’ll help you gather the necessary medical bills, pay stubs, and other documentation to ensure you have all the evidence you need to seek full compensation for your economic losses.
General or Non-Economic Damages
General damages account for the non-financial losses you experience after an injury. These damages impact your overall quality of life but are more challenging to quantify since they don’t have a direct financial value like medical bills or lost wages.
Here are some examples of general damages you may be able to pursue:
- Pain and Suffering: Compensation for the physical pain and emotional distress you’ve endured and may continue to experience as a result of the injury.
- Loss of Enjoyment of Life: This refers to the reduction in your ability to enjoy activities or hobbies that once brought you happiness due to the injury.
- Loss of Consortium: The strain or damage to your relationships with loved ones, such as a spouse, as a result of the injury.
- Disfigurement or Impairment: Long-term physical changes or limitations, such as scarring or disability, caused by the injury.
Punitive Damages
Punitive damages are rare in personal injury cases. They are intended to punish the defendant for incredibly reckless or malicious behavior and discourage others from engaging in similar conduct. Unlike compensatory damages, which cover your losses, punitive damages are awarded in addition to those and only in exceptional circumstances.
Here are a few examples of when punitive damages might apply:
- Gross Negligence: For instance, a drunk driver causing a catastrophic accident due to extreme recklessness.
- Intentional Wrongdoing: Such as a company knowingly selling a defective product without warning consumers.
- Malicious Conduct: Intentionally harming someone, as in cases of assault or deliberate violence.
- Egregious Violations: Blatant disregard for someone’s rights, like severe workplace discrimination.
Punitive damages are reserved for cases where the defendant’s actions go far beyond ordinary negligence, making them a rare but powerful tool for justice.
What Additional Damages May be Available?
Additional personal injury damages that you may pursue apply to specific types of personal injury cases, such as car accident or truck accident cases.
Property Damages
The most common form of property damage in an accident involves vehicles. However, if other personal belongings, like a valuable piece of jewelry, were lost or destroyed, you may also seek compensation for their value. Property damage claims are generally straightforward, making them easier to prove and calculate, often leading to a quicker settlement process.
Diminished Value
Even after repairs, your car may not be worth as much as it was before the accident. This loss in value is called diminished value. Understanding this concept can help you seek the full worth of your car after an accident. There are three main types of diminished value claims:
- Inherent Diminished Value: This is the most common type of diminished value claim, and it applies when a car with an accident history is valued less than one that has never been in an accident, even if the repairs are done well.
- Repair-Related Diminished Value: If the repairs weren’t done correctly or completely, lingering cosmetic or structural issues can reduce the car’s value.
- Immediate Diminished Value: This refers to the drop in resale value right after the accident, before any repairs have taken place.
Total Loss
When a vehicle is damaged beyond repair, it’s considered an actual total loss. Constructive total loss, however, occurs when the cost to repair the vehicle exceeds its value, minus the salvage value. In both cases, you would typically file a claim with your insurance company to recover damages.
In some states, like South Carolina and North Carolina, there may be specific thresholds for declaring a total loss, where a car is automatically considered totaled if the repair costs exceed a certain percentage of its value. In Georgia, a Total Loss Formula (TLF) is used to calculate this threshold.
Can Personal Injury Damages be Capped?
Damages can be capped in personal injury cases, but the exact amount of these caps can vary by state. That’s why consulting with an attorney is important to discover the maximum compensation you can seek. Here’s a quick breakdown for South Carolina, North Carolina, and Georgia:
- South Carolina: In South Carolina, certain cases, like medical malpractice, have caps on non-economic damages, which include pain and suffering and emotional distress. Punitive damages are also capped in the state, but exceptions to these caps may apply in cases involving extreme gross negligence or intentional harm.
- North Carolina: North Carolina generally does not cap economic damages for most personal injury claims, but in medical malpractice cases, non-economic damages can be limited to a certain amount. This cap adjusts every three years based on inflation. Similar to South Carolina, punitive damages are capped but exceptions to these caps may exist in cases of extreme gross negligence or intentional misconduct.
- Georgia: Georgia does not impose a general cap on non-economic damages, meaning you may recover significant amounts for pain and suffering, depending on the case. However, punitive damages are capped, except in cases where the defendant acted with specific intent to harm or was under the influence of drugs or alcohol. In medical malpractice cases, Georgia once had a cap on non-economic damages, but this was struck down by the Georgia Supreme Court in 2010.
While understanding these caps is essential, each case is unique, and each state has its own regulations (and exceptions). To fully understand what limits may apply to your situation, it’s best to consult with an experienced attorney who can guide you through the legal process.
Who Can Claim Personal Injury Damages?
Typically, the person injured in an accident is the one who can claim personal injury damages. However, there are situations where others may also seek compensation:
- Spouses: In some cases, the injured person’s spouse may claim damages for “loss of consortium.” This refers to the negative impact the injury has had on the marital relationship, including loss of companionship or intimacy. Eligibility for this claim can vary by state.
- Wrongful Death: If the injury leads to death, a wrongful death lawsuit can be filed by the deceased’s beneficiaries, which usually includes the spouse, children, or parents, depending on the state’s laws.
Call Now to Find Out What Damages Can Be Recovered in Your Case
Understanding the types of personal injury damages you can recover is vital in pursuing the maximum compensation for your injury. The compassionate attorneys at George Sink, P.A. Injury Lawyers are here to help you:
- Identify all the damages available to you
- Calculate the full value of your claim
- Determine who is liable for your losses
- Gather all the necessary evidence
- Guide you through the process of filing your claim
- Seek the maximum compensation you deserve
Our attorneys have achieved outstanding results for many personal injury victims and are dedicated to providing personalized, caring support every step of the way. If you’ve been injured, don’t hesitate to request a free, no-obligation case review. Contact us today to discuss your case and discover how we can help you move forward.