For the plaintiff, the goal of any personal injury lawsuit is to be awarded damages as recompense for suffering. But it can be hard to understand how the court chooses to place value on the various aspects of your ordeal. Stephen B. Kaufman, P.C., an experienced personal injury attorney with over 40 years’ experience practicing in the Bronx, runs through the types of damages that might typically be awarded in a successful personal injury lawsuit.
5 Types Of Personal Injury Damages
1. Property Loss & Medical Treatment
Property loss and medical treatment can be the most straightforward losses to evaluate. If the same party whose negligence caused your injury also destroyed some of your property in the process, you’re likely entitled to compensation for the estimated value of that property. By the same token, whatever medical expenses you incurred as a result of the injury will also be assessed.
2. Lost Income
If you’ve had to miss work due to an injury, then you are probably also entitled to compensation for your lost income. In cases of catastrophic injury, the court may find the defendant is responsible for some portion of the plaintiff’s future income if the injury diminished the plaintiff’s capacity to work.
3. Pain & Suffering
Pain and suffering, on the other hand, can be more difficult to evaluate, and compensation for pain and suffering can result in a wide variance of amounts in damages. Your pain and suffering as considered by the court may include both physical and mental pain, and again, the likelihood of future pain and suffering as a result of the defendant’s negligence must also be considered.
4. Loss Of Enjoyment Or Consortium
The court will also take into account the ways in which your injury may have affected your quality of life. If you have lost some of your ability to take part in your hobbies, damages can be awarded to compensate you. And in cases where an injury affects the plaintiff’s relationship with his or her spouse, damages may be awarded for what is called “loss of consortium.”
5. Punitive Damages
Punitive damages may be awarded in cases where the defendant’s actions are found to have been so negligent, they deserve punishment. Unlike the other damages listed above, the amount chosen by the court for punitive damages will likely be much more dependent on the egregiousness of the defendant’s negligence rather than the plaintiff’s costs or level of injury.
If you’ve been injured through someone else’s negligence, you need a personal injury attorney who will fight for your right to be compensated. Stephen B. Kaufman, P.C., has been representing the people of the Bronx for over 40 years, so if you need representation for your personal injury claim, visit his website or call (718) 822-0500 to schedule a consultation.