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Damages in a Personal Injury Case
The foundation of most civil lawsuits involves three types of damages: compensatory, nominal, and punitive.
Personal injury cases focus primarily on compensatory damages, which split into two categories: economic and non-economic.
Economic damages cover your measurable financial losses like medical bills, lost wages, and rehabilitation costs.
Non-economic damages compensate your intangible suffering including pain, emotional distress, and loss of life enjoyment.
The value of your case reflects both categories combined, representing your total losses after someone else's negligence harms you.
If you have a potential personal injury claim, speak with a member of our legal team to find out how much your case is worth.
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Economic Damages
Economic damages represent your quantifiable injury-related losses.
These damages have paper trails.
Receipts, invoices, pay stubs, and bills document your financial harm.
Economic damages can include your past and future monetary losses suffered as a result of your injuries.
Medical Expenses
Your medical bills form the foundation of economic damages in a personal injury case.
This category includes:
- Emergency room treatment and ambulance transport
- Hospital stays and surgical procedures
- Doctor visits and specialist consultations
- Prescription medications and medical equipment
- Physical therapy and rehabilitation services
- Future medical care costs projected by healthcare experts
You can recover costs for treatment you already received and care deemed medically necessary that you will need.
A severe injury may require extended medical attention resulting in substantial costs.
Lost Income and Earning Capacity
Injuries steal your ability to earn money.
You can seek compensation for:
- Wages lost during recovery time
- Sick leave and vacation days used
- Reduced earning capacity from permanent disabilities
- Lost bonuses, commissions, and benefits
- Diminished career advancement opportunities
Your legal team will calculate future earning capacity based upon insurance table life expectancy, wages of your occupation, and impact of your injuries.
Property Damage
Vehicle accidents often destroy personal property.
You can recover costs to repair or replace:
- Your damaged vehicle
- Personal belongings inside the vehicle
- Clothing and accessories ruined in the accident
The repair estimates and replacement value documentation for your vehicle will serve as documentation to substantiate your property damage claim.
Out-of-Pocket Costs
Injuries create unexpected expenses beyond medical bills:
- Home modifications for wheelchair accessibility
- Transportation to medical appointments
- Household help during recovery
- Child care services you cannot provide
Document everything.
Economic damages are quantifiable based upon the proof.
Documentation transforms your losses into recoverable compensation.
Non-Economic Damages
Non-economic damages cover the intangible losses you suffer due to your injuries.
These losses resist simple calculation.
These damages don't have a specific dollar amount attached and can be more challenging to quantify.
Pain and Suffering
Physical pain from your injuries qualifies for compensation.
This includes:
- Acute pain from the initial injury
- Chronic pain lasting months or years
- Discomfort during medical treatments and surgeries
- Ongoing physical limitations and disabilities
- Future pain you will likely experience
The intensity, duration, and daily impact of your pain directly affect your claim's value.
Emotional Distress and Mental Anguish
Psychological harm deserves compensation:
- Anxiety and depression following the accident
- Post-traumatic stress disorder symptoms
- Sleep disturbances and nightmares
- Fear of similar situations
- Emotional trauma requiring therapy
The severity of your psychological harm stemming from the trauma of the injury directly impacts the value of your potential personal injury claim.
Loss of Enjoyment of Life
Injuries steal activities that made life meaningful.
You may be entitled to recover for:
- Hobbies you can no longer pursue
- Sports and physical activities now impossible
- Social events you must avoid
- Travel opportunities lost to mobility limitations
- Career aspirations ended by disability
Scenario 1: A marathon runner forced into a wheelchair lost more than mobility.
They lost identity, community, and purpose.
Loss of Consortium
Serious injuries harm your spouse and family relationships.
Your partner may seek damages for:
- Loss of companionship and affection
- Reduced intimacy in the marriage
- Additional household burdens from caring for you
- Lost guidance and support you provided
Disfigurement and Scarring
Permanent changes to your appearance carry compensation value:
- Visible scars affecting self-image
- Facial disfigurement impacting social interactions
- Amputation and limb loss
- Burns requiring skin grafts
Location and severity matter.
Facial scarring typically commands higher awards than scars hidden by clothing.
How Courts Value Non-Economic Damages
Various methods are used to calculate pain and suffering for the courts.
Juries consider multiple factors:
- Medical evidence documenting injury severity
- Expert testimony about long-term prognosis
- Your age and life expectancy
- Impact testimony from family and friends
- Your credibility as a witness
- Comparable verdicts in similar cases
Some states cap non-economic damages.
These limits restrict recovery regardless of suffering severity.
Non-economic damages are more subjective and can vary widely depending on the nature and specifics of your case.
The Value of Economic Damages vs Non-Economic Damages
Economic damages follow simple math: add your bills, lost wages, and future medical costs documented by receipts and expected injury-related costs.
Non-economic damages typically use either a multiplier method (economic damages times 1.5 to 5) or per diem method (daily dollar value times recovery days) to calculate value.
Many states cap non-economic damage awards at specific dollar amounts regardless of your suffering severity, while economic damages face no such restrictions in most jurisdictions.
Your total case value depends on both categories combined.
An experienced personal injury attorney will be able to help you determine the full value of your case and help maximize your recovery.
Consult an Experienced Injury Attorney About Your Potential Case
Our personal injury attorneys will help you calculate the full value of both your economic and non-economic damages, not just what insurance companies want to pay.
We offer a free case evaluation to speak with a member of our legal team to learn what your claim is actually worth with zero obligation.
If we take your case, you pay no legal fees unless you recover compensation.
After a serious injury, the insurance company wants you to settle fast.
We want you to settle right.
Call Lawsuit Legal now to discuss your potential personal injury case to find out what you're owed.
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