What are the compensatory damages in personal injury cases?
The first thought that crosses people’s minds when they get into an accident is whether they can file the lawsuit or not. If yes, how much will one get as compensation for the damages incurred? When Virginia Beach injury lawyers receive such cases, they work towards ascertaining the damages incurred by their client and how much did the injuries cost in physical, mental, and, most importantly, monetary terms.
When there is a personal injury case, the person injured in the accident is compensated in money by the person found guilty for causing the injury or their insurance company. Here, the person who gets hurt and demands for compensation is called the plaintiff, while the person who causes the damage is referred to as the defendant.
How much money the plaintiff will receive is decided after a negotiated settlement of the case. In most personal injury cases, the parties involved in the lawsuit, including the insurance company of the defender, decide on the settlement amount. However, if the case goes for trial, the judge or jury passes the damages award.
Understanding Compensatory Damages
A majority of personal injury damages fall under compensatory. Compensatory personal injury cases are those in which the defended has to compensate the injured person. Whatever the plaintiff has lost due to the accident must be paid by the defended. While most compensatory damages are easy to calculate and determine, in some injury cases, it’s hard to quantify the loss in terms of money. For instance, it’s easier to figure out how much the damages award should be in case of vehicle damage or medical bills. However, when it comes to placing a monetary value on pain and suffering, it’s often tricky for injury lawyer Virginia Beach.
Various types of compensatory damages common in personal injury cases are:
Medical expenditure: In most personal injury cases, the damages award includes medical bills that the injured person had to pay to treat the injuries incurred due to the accident. The plaintiff may ask the defendant to reimburse the medical expenditure that he has incurred or will incur in the future to take care of the wounds and injuries received in the accident.
Income: The accident may leave a person unfit to perform their job. In case the accident or the injuries affect your salary or job, you are entitled to ask for compensation for the lost income. You can also ask for money that you may have made in the future if you hadn’t been injured.
Loss of property: In case your vehicle, house, or any other belonging gets damaged in the accident, you are entitled to claim for compensation from the defendant. The defendant will have to reimburse for the repair or compensated for the value of the property that got damaged or lost.
Pain and suffering: The plaintiff is entitled to compensate for the pain and discomfort caused by accident.
Mental distress: Accident doesn’t always leave bodily scars or marks. Sometimes the plaintiff may sustain mental or emotional distress due to the accident. The defendant can be made to compensate for the psychological impact of the accident or the injuries.