What Are Compensatory Damages In A Personal Injury Case?
Personal injury cases are court cases in which one party accuses another party of causing an injury to them by either being negligent, wreckless or intentionally harmful. If the plaintiff wins their case, they can ask to be compensated for the damages that were a result of the injury. These are some of the compensatory damages that are commonly awarded in a personal injury case.
The plaintiff should be awarded compensation for all medical expenses incurred due to the injury caused by the defendant. This includes medications, hospital visits, emergency room treatments, surgeries and all medical care that is required specifically for the injury that occurred.
If the plaintiff is permanently disabled and will require long term care, this is also the responsibility of the person causing the injury. From the moment the injury occurred throughout the time frame that the plaintiff needs treatment, the defendant is responsible for covering the cost of all care.
Loss of Income
If the injured person must be off work due to the injury caused by the other party, it may also be possible to be compensated for the loss of income as well. This amount is usually calculated according to what the plaintiff normally earned before the injury occurred. It is then multiplied by the length of time the injured party must be off work due to the injury.
For instance, if the plaintiff normally earned $2,000 a week and must be off work for 8 weeks, the defendant may be required to pay them $16,000 compensation in lost wages.
The injured party may also be compensated for the damage to their property that occurred at the time of the injury. For example, if the damage occurred during an automobile accident that was caused by the defendant, the plaintiff can be reimbursed for the cost of repairing their damaged vehicle or replacing it with another vehicle of equal value.
Pain and Suffering & Loss Of Enjoyment
The injured party can also ask to be compensated for his pain and suffering that was caused by the injury. This can include physical, mental and even emotional pain as well. If the plaintiff is no longer able to enjoy life to the fullest like they did before the injury, they may also be compensated for loss of enjoyment.
The amount of compensation an injured party can be awarded may vary depending on the state the case takes place in, the judge who oversees the case and the severity of the injury. If you have been injured at the fault of another person, it is a good idea to consult with a personal injury attorney like Campbell Barnett PLLC to find out if you could receive compensation.