The Types of Compensation In A Personal Injury Case

You can get compensation if you’re the plaintiff in a personal injury case. You’ll get compensation from the defendant, and this compensation is referred to as damages. You can get one or both types of damages in a personal injury case:

Compensatory Damages

Compensatory damages have many categories, but the most common one is special damages. Compensatory damages are intended to reimburse you for any property damage or bodily injuries you may have sustained in your personal injury accident.

You can get compensatory damages in almost any personal injury case, it doesn’t matter if it’s a car accident, medical malpractice, or a slip and fall case. You can also get compensatory damages in a wrongful death case, but these tend to be unique. Personal injury lawyer in San Leandro knows that it’s rare to be awarded punitive damages since these are designed to punish the defendant for acting in a careless and/or negligent manner and to discourage him or her from doing so in the future. You’ll learn more about the different types of compensation below:

Special Compensatory Damages

You get special compensatory damages when you have sustained one or more bad bodily injuries. Because they’re unique, they tend to vary from case to case. These are restitution damages.
Special damages don’t have a limit and are designed to cover any expenses or losses (like loss of income or consortium) you may have faced because of your bodily injuries. Some of the more common types of special compensatory damages are:

• Lost earnings
• The cost of future medical care
• Lost future earnings
• Household expenses,
• Medical bills
• Expenses associated with altered plans or canceled trips.

General Compensatory Damages

These compensate you for things like anxiety or pain and suffering. They’re designed to compensate for the general harm that you may have sustained as a result of your personal injury accident. If you’re the plaintiff, you’ll get some sort of general damages. Common types of general damages are:

• Pain and suffering
• Mental anguish, and
• Loss of consortium or companionship

Wrongful Death Damages

These types of damages compensate family and friends for the loss of a loved one. Common damages include:

• Funeral and burial expenses
• Costs of pre-death medical care
• The emotional distress that surviving people face
• Loss of financial contribution
• Loss of service and support, and
• Loss of companionship and consortium

Punitive Damages

You’ll get these only if the defendant acted in a grossly negligent manner. Examples are aggravated battery, fraud, and sexual assault. They’re sometimes awarded in the cases of defective products and health risks associated with prescription drugs.You’ll get damages once you win a settlement or a case in court. You can win the damages and never receive a penny in money if the defendant has no money or his/her insurance company refuses to give you any.

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