
16 Types of Recoverable Damages Available for Accidents and Injuries: A Comprehensive Guide
Types of Damages in Personal Injury Cases
- Disfigurement: If an accident leaves you deformed or disfigured, you may be entitled to damages for disfigurement. These damages often include compensation for mental anguish associated with the disfigurement.
- Future Medical Expenses: If you require ongoing medical care due to your injuries, you can recover future medical expenses. This requires sufficient proof, often through a medical professional's testimony, to estimate future costs.
- General Damages: Also known as non-economic damages, these compensate for the difference in your life quality before and after the accident. They include pain and suffering, loss of enjoyment of life, and other non-quantifiable injuries.
- Household Services: If you need to hire help for household tasks while recovering, these costs may be compensable, provided they wouldn't have been incurred without the injury.
- Loss of Consortium: This covers the deprivation of marital benefits, such as companionship and sexual relations, due to an injury. Typically claimed by the uninjured spouse, it can also be claimed by close relatives like children or parents.
- Loss of Enjoyment of Life: This compensates for a diminished ability to enjoy daily activities. It's often considered a form of pain and suffering or a distinct damage type, depending on the state.
- Loss of Society and Companionship: In wrongful death cases, this compensates for the loss of love, comfort, and companionship the deceased would have provided.
- Lost Earning Capacity: If your ability to earn money in the future is impaired, you can recover damages for lost earning capacity. This considers factors like age, health, and skills.
- Lost Income: This covers the income you would have earned from the injury date to settlement or judgment. Even unemployed individuals can claim lost wages if they prove potential earnings.
- Medical Bills: You can recover expenses for medical services related to your injury, such as hospital stays and nursing services. These must be directly linked to the injury.
- Mental Anguish: This includes emotional distress like anxiety, humiliation, and grief. It's often a subset of pain and suffering damages.
- Pain and Suffering: This compensates for past and future physical pain. The jury considers the injury's nature, pain severity, and duration.
- Permanent Disability: Proved by medical testimony, this covers disabilities that are objectively determined or subjectively perceived by the plaintiff.
- Special Damages: Also known as economic damages, these cover all monetary losses, including medical expenses. They require detailed proof of the financial loss.
- Property Damage: This covers the cost of repairing or replacing damaged property, such as a vehicle in a car accident.
- Punitive Damages: Awarded for exceptionally malicious or reckless actions, these are intended to punish the defendant and deter similar behavior. Not all states allow punitive damages in personal injury cases.
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