When a person is injured due to the negligence of another person, a lawsuit is filed to seek compensation for the injured party. As mentioned in our previous article, the process of determining damages can be extremely complex. There are three main categories that personal injury damages can fall into.
Economic Losses can be any type of financial loss that is derived from the particular injury. A few examples of this would be current and future medical expenses resulting from the accident and personal property damage caused by the accident. This can also include lost income, lost wages, and decreased potential for future earnings. When the injuries sustained cause a person to become disabled, the court awarded damages can be substantial. In order to maximize the value of your potential damages, documentation is crucial. Ensure you have documentation of every loss and expense from the accident and its aftermath in order to receive the maximum settlement.
Non-Economic Damages are based on the pain and suffering caused by the accident or related injuries. Since there is no definitive way to measure their value, these damages are relatively subjective. Pain and suffering damages can include but are not limited to disfigurement and scarring, permanent disabilities, decrease of quality of life, emotional distress, and the development of psychological ailments such as anxiety, depression, and PTSD. Non-economic damages are significantly more difficult to assign a dollar amount to because there is no calculation to create a value on an individual’s pain. Compared to economic damages, these are less tangible.
Punitive Damages is another way to refer to compensatory damages. This form of damages is served to punish the defendant rather than to compensate the plaintiff. This is the most rare classification of damages to be awarded in a personal injury case because they are only granted if the injured can prove with clear and convincing evidence that the defendant acted fraudulently or with oppression or malice. These types of damages are only awarded in a personal injury case if there was a criminal violation. The main goal of this type of punishment is to deter other people from committing the same violation.
If you or someone you love has been injured due to another person’s negligence, you can hire a New Jersey Personal Injury Attorney to help you establish the compensation you are eligible for. Call us at 732-749-8800 for a free consultation or Fill Out The Form on our website.
Leigh A. Raffauf
Partner, Harrell Injury Law
