There are 3 types of damages in personal injury claims: economic damages, noneconomic damages, and punitive damages. Economic and noneconomic damages may also be referred to as special and general damages.
Personal injury cases based on negligence may award economic damages and noneconomic damages, but punitive damages are only given if a criminal violation occurred. If someone committed a crime against you and caused your injuries, you can sue the perpetrator for the damages and collect accordingly.
You May Need to Prove Negligence to Receive Compensation
Plaintiffs bring lawsuits against negligent or criminal parties to seek compensation for their losses or injuries. To understand the value of their lawsuit, plaintiffs must know the types of damages available to them. However, proving damages in a case can be a complicated process.
Determining the value of damages—especially losses that do not have a monetary value—can be a daunting process. If you or your loved one sustained a personal injury due to someone else’s negligence, you can hire a Miami personal injury lawyer to help you calculate the total costs and value of your losses.
It is vital to note that any type of compensation requires establishing negligence. Negligence occurs when a person fails to use reasonable care, which then causes an injury to someone else. Claimants must prove that the defendant had a duty to provide care to them, and the defendant’s failure to use reasonable care led to their injuries.
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You May Pursue Three Types of Damages to Recover Losses
Here are the three types of damages a victim may receive in a settlement:
Economic damages are awarded to victims to recover the financial losses associated with their injuries. These damages are meant to relieve some or all of the plaintiff’s financial burden. Damages are calculated on the fair market price at the time the incident occurred.
Economic damages may include:
- Loss of income
- Medical expenses
- Property damage
- Cost of living with a disability
- Funeral costs in the case of a loved one’s death
- Personal care costs
Noneconomic damages are not easy to assign a monetary value to, as they can encompass general pain and suffering. These damages are less tangible compared to economic damages. General damages include future losses, which will be incurred due to loss of income and any future medical care needed.
Noneconomic damages may include:
- Mental distress
- Pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- Loss of reputation
When calculating general damages, important factors include the age of the victim, their occupation and income, and the severity of their injury.
Insurance companies usually find it easier to award economic damages because they are specific. For instance, it is easier to document medical bills because their costs are shown on receipts, invoices, and market prices for equipment. However, noneconomic damages are difficult to evaluate as people do not measure pain and loss with money.
Punitive damages are awarded to punish the defendant for criminal conduct. The punishment is meant to stop others from partaking in the same conduct. Punitive damages are rarely granted in Florida. For punitive damages to be awarded, the defendant’s conduct must have been malicious or reckless.
You Can File a Personal Injury Lawsuit with a Lawyer
Personal injury can occur under many circumstances. These incidents may include:
- Pedestrian accidents
- Truck accidents
- Product defects
- Car accidents
- Motorcycle accidents
- Medical malpractice
- Sip and fall accidents
People may sustain serious injuries from the circumstances listed above. Injuries may include broken bones, traumatic brain injuries (TBIs), burns, and internal injuries. Traumatic injuries can worsen your health and may require lengthy recoveries or ongoing medical treatment. Dealing with the repercussions of such injuries can be painful to you and your loved loves.
If you sustained a personal injury, you might be suffering significant financial losses. You can call a law firm to discuss your case and see how you may be able to fight for compensation to recover your expenses and other losses. People who have been hurt by negligent parties may be entitled to have their damages paid for by those same parties.
At Chalik & Chalik Injury Lawyers, we can analyze your case during your free initial consultation. People choose Chalik & Chalik Injury Lawyers to represent their interests in Florida because they can focus on recovering from their injuries while we get straight to work on building their cases. We keep you informed at every stage of the legal process. You can be sure to get treated with the utmost respect. For further questions, do not hesitate to call us at (855) 646-5468.
For a free legal consultation, call (855) 529-0269