Personal injury is the legal term used to describe physical or psychological harm to a person or their property. Once this person files a personal injury claim, they are hoping to seek monetary compensation to recover from physical, emotional, or financial impact due to the injury that was sustained. There are several types of damages that can be acquired, and each will address the specific issue at hand. I will describe each category in my blog, to give the full extent of what each type entails. The different categories I plan on discussing will be medical expenses, loss of income, pain and suffering/emotional distress, loss of consortium, and punitive and property damages.
When it comes to medical expenses, this can include medical treatment, hospital bills, surgeries, medication, and any therapy that is needed. This can also cover future medical expenses that the client may need. Going through anything medical related can cause a loss of income, especially if the client needs to have surgery or start going to therapy routinely. If this is the case, they may be entitled to be compensated for lost wages. This will include past and future income that the client would have if this injury didn’t happen.
Pain and suffering pretty much goes hand in hand with emotional distress. Pain and suffering damages are put into place to compensate the individual for the pain they have endured, emotional distress, and type of psychological trauma caused by the event. In order to provide the best amount of compensation, the severity of the accident and injury will be taken into account. Emotional distress in addition to physical injuries sustained, these claims can also be sought by the individual. This could include anxiety, depression, and PTSD (post-traumatic stress disorder). Loss of enjoyment can also fall under this category. This is where the individual’s injury prevents them from participating in any activities that they were a part of previously. So, the victim in this situation may be entitled to compensation for the loss of enjoyment of life. Things taken into consideration could include their hobbies, recreational activities, or any other type of social interactions that have been affected by their injury.
Loss of consortium is where damages will compensate the spouse or any family members of the injured individual for the loss of companionship, support, and even intimacy due to the injury sustained. Loss of consortium makes it known of the great loss that has occurred due to the injury of the individual, and will negatively impact the relationships of the affected individuals. Punitive and property damages are the last categories I will be discussing in my blog. In cases of punitive damage, this is where the defendants actions were reckless or malicious and punitive damages may be granted to punish the wrongdoer and to hopefully deter any bad behavior in the future. This type of damage is really to prevent any more troubling behavior rather than compensating the injured party. Property damages usually pertain to damages of an individual’s property. For example, if a car is damaged during a car accident, the victim in this situation can seek compensation to cover the repairs or replacement of their vehicle.
It is crucial that an individual understands each category of damages when it comes to personal injury claims. Having a good understanding of each category will allow them to make sure they seek all the benefits each claim has to offer them. A personal injury claim should be made to compensate the individual but also prevent any more wrong doing. Hopefully this will cause the wrongdoer to always consider their actions before they do them to anyone else. Personal injury claims are helpful for any individual in need, and should be used to the best of their advantage.
Thank you to the personal injury lawyers at Brandy Austin Law Firm for the above blog.