What are the 3 Types of Damages?

There are three types of damages in personal injury claims: non-economic damages, economic damages, and punitive damages. Special and general damages are alternative terms used to describe economic and non-economic losses.

Personal injury cases based on negligence may award compensation for economic and non-economic losses, but punitive damages are only available in certain situations. For example, if someone committed a crime against you and caused your injuries, a Fort Lauderdale personal injury lawyer can help you sue the perpetrator, and you may collect punitive damages accordingly.

What are Examples of Each of the 3 Types of Damage?

Here are the three categories of damages an attorney could help you pursue in an insurance claim or personal injury lawsuit, along with specific examples:

Economic Damages

Economic damages are awarded to victims to recover the financial losses resulting from the accident and their injuries. This category of damages is to relieve the injured party’s financial burdens incurred. The amounts are calculated based on the receipts, bills, and invoices the victim has collected, as well as the fair market price at the time the incident occurred.

The economic damages in your case may vary, but they generally include the following:

• Loss of income: Any income you lost while you recovered from your injuries, whether it was salary, hourly, or side work, can be pursued for compensation. 
• Reduced earning capacity: If your injuries prevent you from returning to your career or work at all, the difference in your old and new income can be pursued. 
• Medical expenses: The costs for your medical care can be included in your demands for compensation, including medications, hospital stays, surgeries, and rehabilitation. 
• Property damage: We can seek compensation to cover the repairs or replacement of damaged property, such as a vehicle or personal items. 
• Disability: You may also request compensation for accommodations related to a disabling condition, such as medical assistive devices and home modifications.
• Other out-of-pocket expenses: This type of damage would cover such items as personal care costs and transportation to doctor’s appointments.

If you lost a loved one in the accident, you may seek wrongful death damages for funeral costs, burial expenses, prior medical bills, and the loss of their financial contributions to your family. 

Non-Economic Damages

Non-economic damages are hard to put a price on, as they can encompass things like pain and suffering. These losses are less tangible than economic ones, representing an impact on your quality of life. However, they are just as important to your recovery and well-being. 

Your non-economic damages may include the following:

• Pain and suffering: Any physical pain and discomfort you endured from the accident through your recovery should be included in your demands. 
• Mental anguish: This damage also includes emotional distress and should provide funds for any therapy you require. 
• Loss of companionship: If the accident has affected friendships, you may seek compensation for this loss. 
• Loss of consortium: Your spouse may also seek compensation if the accident and injuries affected your relationship. 
• Loss of enjoyment of life: You can seek compensation if you can no longer enjoy the activities and hobbies you enjoy. 
• Loss of reputation: If the accident affects your work, we can help you seek fair compensation.

When calculating the above losses, important factors include the age of the victim, their line of work and income, and the extent of their injuries. For instance, a young person with a high-paying career who is unable to work and requires long-term medical care will suffer greatly as a result of their injury.

Insurance companies are more likely to award money for economic losses because they are easy to prove in court. For example, it is easier to document medical expenses because these costs are listed on receipts and invoices.

However, intangible losses are difficult to quantify, as people do not directly associate pain and loss with monetary value. Nevertheless, we are aware of the methods used by the insurance companies and the courts to determine a fair value for these losses. 

Punitive Damages

Punitive damages are sometimes awarded in cases where the defendant’s actions were particularly reckless, malicious, or wanton. They go beyond compensation and serve as a means of discouraging irresponsible behavior.

Unlike the above-mentioned compensatory damages, a judge or the jury uses punitive damages to punish the defendant for gross negligence or intentional misconduct. The punishment is intended to prevent others from conducting themselves in a similar manner. 

Punitive damages are only occasionally available in Florida. For you to receive this additional money, a judge or the jury must find the defendant’s actions to be intentional or reckless. For example, if a drunk driver caused your injuries, the court could award you punitive damages due to the defendant’s complete disregard for others on the road.

What is the Difference Between Compensatory and Punitive Damages?

Economic and non-economic losses both fall under the category of compensatory damages, while punitive damages are completely different. Understanding the fundamental difference between these forms of compensation is vital in legal matters, as they serve distinct purposes.

Compensatory damages are designed to compensate the injured party for the harm suffered due to the actions of another party. They are meant to “make the plaintiff whole” by reimbursing them for actual losses, such as medical bills, vehicle repairs, lost wages, and pain and suffering.

Compensatory damages aim to restore the plaintiff to the position they were in before the wrongdoing occurred. Conversely, punitive damages are not intended to compensate the plaintiff for what they’ve endured but to punish the defendant for their egregious conduct. They can also help deter similar behavior.

What Do You Need to Prove to Receive Financial Compensation?

Please note that any type of compensation requires establishing negligence. Negligence occurs when a person fails to exercise reasonable care, which then causes an injury to someone else. Plaintiffs must prove that the defendant owed them a duty of care and that the defendant’s breach of that duty led to their injuries.

When insurance negotiations are unsuccessful, plaintiffs often bring civil actions against negligent or criminal parties to seek fair compensation for their injuries, suffering, and related expenses. To understand the value of your lawsuit, you must know the types of damages available to you. However, obtaining a fair settlement or court award can be challenging.

One of the hurdles is proving the value of your damages. This challenge is especially true of losses that do not have a monetary value. If you sustained an injury due to someone’s negligent behavior, a personal injury attorney can help you calculate the full value of your case.

When Should You Contact a Personal Injury Lawyer?

If someone’s negligence caused your injury, you may need help pursuing financial compensation. Personal injury can occur under many circumstances.

These incidents may include:

• Pedestrian accidents
• Truck accidents
• Product defects
• Car accidents
• Motorcycle accidents
• Medical malpractice
• Slip-and-fall accidents

People often sustain serious injuries from the circumstances listed above. Examples include broken bones, traumatic brain injuries (TBIs), burns, and internal injuries. Severe injuries can affect your quality of life and may require lengthy recoveries or ongoing medical treatment. Dealing with the repercussions of such injuries can be painful for you and your loved ones.

If you sustained a personal injury, you might be suffering significant losses and should discuss your case with an attorney. This is usually the best course of action when seeking compensation to recover your expenses and other effects of your injury. 

Contact Chalik & Chalik Injury Lawyers for a Free Consultation

At Chalik & Chalik, we can analyze the types of damages available to you during your free initial consultation. Floridians choose our experienced attorneys to represent their interests so they can focus on recovering from their injuries while we build their cases.

When you trust us with your personal injury case, we’ll keep you informed at every stage of the legal process and fight for the compensation you deserve. Plus, you will work directly with Debi and Jason Chalik. Since we handle cases on contingency, you won’t pay any attorney fees upfront. We only get paid when we win your case. Contact us today for a free legal consultation.