What Damages Are Awarded In A Personal Injury Case?
23 March 2021
Damage is a legal term used in the USA, which is synonymous with compensation. And the plaintiff means sufferer. The calculation of damage or compensation in personal injury cases is proportional to the loss suffered by the injured person.
The case of personal injury can be subdivided into two basic categories; compensatory and punitive. Compensatory is a self-defined word, which means that plaintiff may seek compensation from the person who has caused the injury or loss. Any accident like medical practice, vehicle accident, fall case, or any cause of injury comes under this category.
Punitive damage is not linked with compensation; rather, the wrongdoer is punished for despicable behaviour. Now the compensatory damage can again be subdivided into segments. Let us discuss in detail about damages awarded in a personal injury case.
Economic Compensatory Damages
It refers to the monetary loss incurred on the plaintiff because of the injury caused. The damages in such cases are unique for an individual victim as the injury varies significantly. This category covers all losses and expenses related to the incurred injury. The plaintiff can claim any amount. Some of its variant types are:
Present or future earning loss
Cost of medical treatment in future
Expenses associated with any altered plans or cancelled trips
General Compensatory Damages
It refers to damages related to compensating the injured person for a non-economic injury claim. It is effective on the harm that is general. General signifies something not related to monetary loss rather emotional or abstract loss. Some of its types are:
Pain, trauma, suffering
Loss of companionship or consortium
Cases of Personal Injury
Some common causes of personal injury for which damage is claimed are as follows:
Vehicle accident – As a pedestrian, driver, or passenger if you are injured by any motor vehicle accident then you are eligible for economic compensation. Through legal processes, you can protect your right.
Medical malpractice – If you are incurred with injury or the death of your loved ones happened by the negligence of medical professionals then you may acclaim for compensation.
Wrongful death – If someone is killed by another person due to carelessness then the plaintiff may claim compensation from the person accused of incurring harm.
Workplace accidents – This case does not go under a personal injury lawsuit. If an employee gets an injury at the workplace then he/she may claim various benefits under the Illinois Workers’ Compensation Act. It includes the cost of medical treatment for temporary, permanent, or partial disability.
Premise liabilities – It refers to the incident or accident caused due to deceptive conditions in respective property or land. For e.g., store, swimming pool, land, malls, etc.
Products liability – This refers to the injury caused by using any dangerous or defective products manufactured by any entity. Therefore, the company or the maker of the product is liable to give damage to the person injured.
The main objective of giving damage is to compensate the loss of the plaintiff for the overall wellbeing of all citizens.
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