Monday, February 4, 2008
Personal Injury Damages: What Can I Recover?
In Personal Injury lawsuits there are generally two types of damages suffered by victims who have been injured through the negligence of others. There two major types of damages are economic damages and non-economic damages. These are known as compensatory damages. Compensatory damages try to “compensate” an injured person for his or her loss. These damages can be recovered whether the injury is as a result of an automobile accident, trucking accident, medical malpractice, or other case in which a person has been injured as a result of the negligence of another person.
Economic Damages compensate injured persons for losses which are easily measured by money. They include things such as lost wages, repairs to a car, the cost of hospital care or medical care which has been provided to the injured person, as well as the loss of income in the future or the cost of medical care and treatment in the future depending on the severity of the injuries.
Non-economic Damages compensate real injuries and losses that are not easily calculated by a dollar amount. There is no formula to determine these damages. These are often as important or more important to the injured person as the losses that can be easily determined from the medical bills, lost wages, and property damage suffered as the result of an auto accident, motorcycle accident, truck accident, or by any injury suffered through the negligence and carelessness of another.
These quality-of-life damages try to compensate the most severely injured patients, such as people who are paralyzed and can't use the bathroom without assistance or a child who is brain damaged and will never have a chance to attend school, get married and work, or injured persons who have to live with pain for the rest of their lives because of a permanent injury. The compensation for these quality-of-life damages is the only compensation a jury can provide for the injury itself, as opposed to reimbursement of out-of-pocket expenses like lost wages and medical bills.
On the other hand the insurance companies use the term “pain and suffering” damages to invoke ill feelings towards attorneys and inured persons who are trying to seek compensation for their injuries. At the Cressman Law Firm, P.A. we believe that referring to non-economic damage verdicts simply as compensation for "pain and suffering" or "psychic injury" trivializes the real harms non-economic damage verdicts are meant to compensate accident victims for their losses.
If you or a loved one has been injured as a result of the negligence or carelessness of another or through the professional malpractice of a health care provider, please contact the Cressman Law Firm, P.A. today and speak with Mr. Cressman to determine if our office can assist you in recovering your damages.
posted by Mark at 3:25 PM
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