Personal injury law provides that, if you’ve incurred injury, property damage, or any other form of loss, as the victim you can file claims for compensation by the party you view wholly or partly responsible for those losses. Nonetheless, damages types may not always be the same for every kind of personal injury case. As the plaintiff, it is therefore essential that you understand that the damages you can include in your claims.
Unique Compensatory Damages
Any monetary expenses sustained due to an injury are compensated under special damages. This kind of damages is unique to a particular complainant, and normally, they vary appreciably from one case to another. If you’re awarded special damages, these should compensate you fully for every single expense you incurred or money lost owing to the event that resulted in your personal injuries. All money spent or lost due to the injury is part of the special damages, and there’s no cap on the range of special damages that may be listed in your claims or the compensation figure you may ask in your personal injury case.
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Loss of earnings: When the injuries you sustained meant that you could not work and earn, or hospitalization due to the injuries denied you time to work and earn, you’ve made a case for compensable lost earnings.
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Lost future income: Certain injuries are so serious that, when sustained, the victim cannot work and earn as normal for the remainder of their life or a big part of it. Such may be the outcome of permanent or long-term disability, for example the loss of hands. Your claims for compensation can list this type of special damage.
Medical costs: All costs you incur due to the treatment for your injuries can be compensated under special damages. Even after you’ve left the hospital, there are future medical expenses you may incur for some time or for the rest of your life due to the injuries, and these should be included in your special damages claims.
It may be impossible to give a number to certain damages, but that does not mean these are not compensable. A good example is pain suffered following personal injury, and while it is not easy to link it to a specific financial cost, it nevertheless should be included in your claim for compensation. The same principle applies to mental anguish which is hard to quantify. The loss of consortium is also a compensable issue. Before deciding what to claim for all non-quantifiable losses, you may need to work closely with your personal injury lawyer alongside other experts.
To increase your chance of being awarded a great settlement, ascertain that your claim includes all the losses and damages sustained because of injury, including special damages and non-quantifiable damages.