What types of damages are available in personal injury cases?
Personal injury claims are meant to restore the plaintiff who is a victim of an accident due to the fault of the defendant. The claims compensate for the monetary, physical and mental losses incurred by the plaintiff as a result of the crash. Sometimes an application can aim to punish the defendant for negligence. In a personal injury case, money is paid to the victim of the accident by the party found to be legally accountable for the accident. The court can order for compensation or ask the involved parties that include the complainant, defendant, and their attorneys to agree on settlement terms. Before you can proceed as a victim of personal injury, you should always consult with nyc personal injury attorneys for advice. Here are some types of damages in a personal injury case.
The cost of medical treatment
A personal injury claim always covers all medical expenses related to the accident. The compensation is awarded when the complainant has to undergo medical care. The defendant must cover all medical care such as medical tests, hospitalization, physiotherapy, and stay in nursing homes. In the case of permanent disability, the defendant will cater for adaptive devices and lifelong healing where applicable. The reimbursement provides for the treatment you have received and will factor in the future cost of treatment associated with the accident.
Loss of Consortium/Loss of companion/Loss of affection
A person close to the victim such as the spouse, child, or parent can file a loss of consortium claim. The claim is awarded to the family member when the victim is altered significantly by the injury or is deceased. The loss of companion claim compensates the family of the victim for losing the relationship of the victim. Some states are strict with this loss of companion such that they pay the victim’s partner after he or she loses the capability to have an intimate relationship with the incapacitated partner. In some cases, the loss of consortium can also apply to the association between children and parents. If the injured person cannot provide the same affection, care, solace, support, companionship, parenting or sexual relationship, the spouse, child, or parent is entitled to compensation for loss of consortium. Loss of consortium is awarded to the uninjured family member and not the injured party.
Lost wages/income and earning capacity
The defendant may compensate the plaintiff for lost income or lost salaries in a personal injury claim. The reimbursement covers any earnings the complainant had to miss because of the injury or the treatment for the injury. The compensation does not necessarily require that the applicant is employed at the time of the accident. The defendant may cater for the lifetime wages of the plaintiff in case the injuries render the plaintiff permanently unable to earn an income. The same goes if the damage partially reduces the ability of the plaintiff to earn in the future.
Pain and suffering
Pain and distress refer to the actual physical pain associated with the accident. The victim may receive compensation for the past and future pain associated with the injury. The nature of the harm, its severity, the possibility of future pain and the duration of which the litigant is likely to be in pain influence the monetary value of the pain and suffering.
Pain and mental anguish
Sometimes an accident can cause mental distress to the plaintiff. Emotional distress involves anger, fear, shock, grief, apprehension, anxiety, humiliation, embarrassment, nervousness, and mortification. The feeling of loss of dignity and Post-traumatic stress disorder can also factor into the amount of compensation for mental anguish. A psychiatric evaluation must prove emotional distress for awarding compensation.
The cost of living with disability
Sometimes an injury may force the complainant to change his or her lifestyle significantly. Such a victim is entitled to compensation to cater for the expenses arising from the change in lifestyle. Such cost may include in-home assistance or making renovating the house to make it easily accessible by the injured plaintiff.
Loss of enjoyment
Injuries sustained during an accident may render the victim unable to enjoy his or her leisure activities. Such activities include recreational activities such as exercise, hobbies and other leisure activities.
The family of the victim can file a case against a defendant whose negligence led to the accident and consequently the death of the victim. The death may arise from issues of neglect or may be deliberate. Each state allows spouses to file claims against wrongful death. The nyc personal injury attorneys can also help parents file the suit on behalf of under-aged children.
Loss of housekeeping capability
The plaintiff is entitled to reimbursement for the inability to carry out routine tasks that he or she did before the accident. The benefit may also apply where the complainant can still carry out the chores, but his or her efficiency is compromised. Sometimes the simple routine tasks may also cause pain after an accident. The compensation is awarded whether or not the complainant earns income.
Punitive damage is awarded to the plaintiff where the defendant causes an accident of negligence and causes injury to the complainant. Punitive damage claim is like punishment to the defendant for negligence. This form or reimbursement aims to prevent and warn the defendant against future recklessness. It is awarded where the negligence is deemed so outrageous that the court has to punish the defendant.