Types of Damages in a Case of Personal Injury
Damages are the claims that a plaintiff seeks from a defendant in a case of personal injury. In Los Angeles, a Los Angeles personal injury lawyer must prove to a panel of jurists that the plaintiff has indeed suffered loss commensurate to the amount being claimed. There are various types of damages.
Compensatory damages is the compensation awarded to the plaintiff for the purpose of reinstating them to the state they were in before the injury. The attorney will only need to show that the plaintiff suffered legitimate financial losses due to the injury to be awarded compensation.
On the other hand, punitive damages are awarded when it is proved that the defendant intentionally caused the injury to the plaintiff. They are therefore awarded to punish the defendant for their act of injury. The punitive damages are awarded over and above compensatory. The amount of punitive compensation depends on the jury’s perception of the extent and intent of the injury.
Another categorization of damages is economic damages and non-economic damages.
The economic damages are the financial costs incurred by the plaintiff. They are straight forward and easy to verify. They include future expenses to be incurred in relation to the injury. They include medical bills for treating the injured person, loss of income due to the injury, loss of business profits, home medical care, cost of purchasing a wheelchair and any other costs with a direct relation to the injury.
Non economic damages are more subjective and difficult to prove in a court case. They include both past and expected pain and suffering, emotional loss, embarrassment due to physical disfigurement, anxiety, loss of spouse companionship and reduction of life’s enjoyment as a result of the injury.