What Types of Damages Can You Claim in a Personal Injury Suit?

When you’re the victim of a catastrophic accident, the physical, emotional, and financial toll can be overwhelming. Understanding your rights as well as the types of damages you can claim will be crucial to getting you just compensation that can help make the rest of your life easier for you and your family. At Morelli Law, our personal injury lawyers are here to help navigate this complex process, ensuring you receive the compensation you deserve.  

Negotiating settlements and getting the right verdict for your injuries begins with understanding the types of injuries you have sustained. Oftentimes, people don’t realize that the injuries sustained in a catastrophic accident can extend well beyond physical injuries. 

Common Personal Injury Cases 

• Car accidents: one of the most frequent causes of personal injuries, where victims suffer due to another driver’s negligence. 
• Medical malpractice: injuries resulting from healthcare professionals’ failure to provide standard care. 
• Workplace accidents: injuries at work due to unsafe working conditions or practices. 
• Employment discrimination: can range from sexual harassment to age discrimination and more. 
• Nursing home abuse: when seniors are taken advantage of or injured at a nursing home. 

A large part of your case is getting the compensation you deserve for your injuries, which can be directly tied to the type of injury you have sustained. 

What Types of Personal Injury Damages Can a Person Collect? 

Compensatory damages are broadly divided into economic damages and non-economic damages.  

Economic Damages 

Economic damages are specific, quantifiable financial expenses that you have incurred or will incur due to your injury. These can include: 

• Medical Expenses: This is often the most significant portion and covers all medical treatments related to the injury. It includes past and future medical care, such as emergency services, hospitalization, surgery, medication, medical devices, and rehabilitation. 
• Lost Wages: Compensation for the time the injured person was unable to work and earn money due to their injury. This also includes loss of earning capacity if your ability to earn money in the future has been compromised. 
• Property Loss: If any personal property was damaged or destroyed because of the incident leading to your injury, the cost of repair or fair market value of the property can be claimed.  
• Other Expenses: Any other quantifiable costs incurred because of your injury, such as home modifications for accessibility or the cost of transportation to medical appointments. 

Non-Economic Damages

Non-economic damages compensate you for more subjective losses related to your injury. These are inherently more challenging to quantify and can vary significantly from case to case. They can include: 

• Pain and Suffering: This includes compensation for the physical pain and discomfort caused by your injuries both immediately following the incident and into the future. 
• Emotional Distress: Sometimes called “mental anguish,” this compensates you for the psychological impact of the injury, such as anxiety, depression, trauma, or loss of sleep. 
• Loss of Enjoyment: if your injuries prevent you from enjoying day-to-day activities, hobbies, or exercise, you may receive compensation for this loss. 
• Loss of Consortium: this is compensation awarded for the impact on the relationship between you and your spouse or partner. It can cover the loss of companionship, affection, and support. 

What Are Punitive Damages? 

Compensatory damages are broadly divided into two categories: economic (or special) damages and non-economic (or general) damages. In New York, punitive damages are both allowed and not specifically capped.  

Unlike compensatory damages, which aim to make you whole for your injuries, punitive damages are intended to punish the liable parties for particularly harmful, malicious, or egregious behavior. They are aimed at deterring them and others from committing similar acts in the future. 

Punitive damages are not awarded in every case and are typically reserved for situations where the defendant’s conduct was especially harmful, reckless, fraudulent, or malicious. These types of damages are: 

• Meant to serve as a punishment 
• Considered in relation to the defendant’s financial status 
• Subject to legal standards, which can vary by jurisdiction 

Should You Settle or Go to Court?

The decision to settle or take your case to court is significant and depends on various factors, including the strength of your case, the amount offered in settlement, and your willingness to undergo a potentially lengthy court process. Our personal injury attorneys will provide you with a full case evaluation and invaluable guidance on which path may offer the best outcome for your specific situation. 

Let Our Personal Injury Attorneys Help You with Your Case 

Navigating a personal injury lawsuit requires expertise and experience, especially when it comes to identifying and quantifying damages. Our attorneys will promptly set you up with a free case evaluation to assess the merits of your case and the potential damages you can claim. We are experts at negotiating with insurance companies and other parties and have helped our clients win over a billion dollars in fair settlements and case verdicts. 

Most importantly, we’re not afraid of litigation and going to court. If a fair settlement cannot be reached, we’ll aggressively represent you in court to fight for your rights and maximize your compensation. 

If you or a loved one has been injured due to someone else’s negligence, get in touch with the trusted legal team at Morelli Law today.