Although most personal injury cases get settled out of the court, and while claims are common, many victims never see what happens inside a courtroom. Personal injury lawsuits are based on the injuries the plaintiff has suffered from and the incident that caused it and may take several forms.
However, it’s usually limited to intentional acts, recklessness, and negligence. If you’re considering filing a lawsuit, contact the best personal injury lawyers for consultation and reliable legal representation.
That said, here are the different types of injuries that may lead to a personal injury case—and the damages victims can get compensated on.
Most personal injury cases involve physical injury claims and are often caused by varying incidents, ranging from auto accidents, medical malpractices, and drug defects to workplace hazards. Besides the cause of the actual injury, the physical damage’s extent can determine whether you have a case to pursue. However, the general goal of courts is to make the victim or plaintiff whole.
The most common types of personal injury claims that involve ‘physical injuries’ and guarantee compensations include but not limited to: brain injuries, burn injury, catastrophic injuries, drowning, electrocutions, spinal cord or back injuries, loss of limbs, scarring or disfigurement, paralysis, and broken or fractured bones.
Significant or permanent injuries usually get the highest compensations alongside disfigurement since it will imply a lifelong reminder of the physical damage. However, a couple of short-term and minor injuries can also be cause for action, and these are ones that usually prevent victims from missing an extended period at work while healing. Some injuries accompanying severe emotional and mental injuries are also valid cases in the court.
In these cases, the best thing to do is consult an attorney, helping you see if your injury is eligible for compensation. After all, what you see as something ‘small’ may be the perfect ground for a damages lawsuit to get the compensation you deserve.
Mental injuries in the form of mental defects caused by accidents or incidents can also get compensated through personal injury claims. For instance, if the accident resulted in severe mental defects leading to coma, permanent mental retardation, or memory loss, or any significant impact on the plaintiff’s quality of life are eligible for compensation.
However, keep in mind that trauma-related injuries aren’t always permanent but may also result in conditions like depression, severe anxiety, and post-traumatic stress syndrome, significantly affecting the victim’s quality of life—making them eligible for compensation.
Keep in mind that personal injury lawsuits aren’t limited to ‘actual injuries’ and include cases against property damage and other kinds of losses. As a plaintiff, whether you’re experiencing any injuries mentioned or other losses, you can seek compensation for whoever caused or contributed these ‘losses,’ and the legal term for this type of ‘compensation’ is damage.
Here are the different types of compensation a plaintiff can get in case of personal injury claims.
Special Compensatory Damages
Special compensatory damages involve monetary expenses incurred due to an injury. They’re unique to each victim involved and vary significantly from one party to the other. Generally, special damages cover costs or losses related to injuries, and there is no limit to the kinds of ‘special damage’ claims that can be made or the amount an injured party can get.
However, the most common kinds of special damages include loss of earnings, future earnings, medical expenses, future medical care, household costs, and other funds associated with altered plans due to the injury.
General Compensatory Damages
General compensatory damages involve injured individuals for non-monetary damages incurred in injury claims. These are referred to as ‘general damages’ since they address the harm that’s ‘generally’ sustained in injuries. These include pain and suffering, mental anguish, and loss of companionship.
Wrongful Death Damages
Wrongful death claims provide damages for surviving family members and friends. Those most common damages, in this case, are funeral and burial expenses, pre-death medical expenses, loss of financial contribution, services, support, and companionship.
Punitive damage only gets awarded to injured plaintiffs when the defendant’s wrongful behavior was despicable or had no real reason behind it. A common situation where punitive damages arise is when defendants are found guilty of sexual or malicious acts or committing fraud—ranging from sexual assault or aggravated battery causing physical harm or fraudulent behavior that caused widespread financial damage.
Defendants on the hook to pay a damage award may or may not satisfy the compensation or unwilling to pay it all. If that’s the case for you, hiring a personal injury attorney is your best choice—helping you with the collection process by looking for undisclosed assets, garnishing salaries, and placing liens on properties.