Damages is a legal term that refers to the losses that an injured person has experienced as well as the amount of monetary compensation that the at-fault party must pay. There are two types of damages: economic and noneconomic. Read on to learn more and then contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation.
Economic damages have a detrimental impact on the victim's personal fortune. The damage done to the victim's automobile, clothing, and valuables are among the immediate losses after an auto accident. However, the victim quickly suffers more financial losses:
- Medical expenditures – Even if the victim is covered, any medical costs linked with the accident's injuries are deemed economic losses for the victim.
- Lost earnings – The sufferer is entitled to any pay or salary loss as a result of his or her inability to work as a result of the accident. The victim can claim lost future income as part of the economic losses if the victim suffers a permanently debilitating disability or an injury that restricts the victim's future earning capacity.
- Lost benefits – Even though the victim was compensated, if he or she takes paid time off to deal with the injury, those days are counted as economic losses.
- Rehabilitation costs — Costs of physical and occupational treatment, as well as any equipment, are considered economic losses.
- Home-care expenses – Even if the victim's family provides the services, the costs might be considered as economic losses if the victim requires at-home support to deal with a debilitating condition.
- Costs of adapting a home to accommodate a handicap – If the redesign is done to accommodate the disability, a victim with debilitating injuries can claim the cost of renovating a home as an economic loss. Damages such as wheelchair ramps, reduced kitchen worktops, and bathroom alterations are permitted.
Non-economic damages that are real but difficult to quantify in dollars and cents are referred to as noneconomic damages. These are some of them:
- Pain and suffering – This term refers to both physical and emotional anguish, and it encompasses the victim's experience from the moment of the injury until full recovery. If the sufferer never fully recovers, the loss must be calculated over the anticipated life period of the victim.
- Loss of consortium – A victim who is no longer able to have regular marital relations (i.e., sexual intercourse) with their spouse is entitled to these damages.
- Loss of pleasure of life — This category of damages is awarded to victims who have a demonstrated interest in a particular element of life that they are no longer able to pursue as a result of the accident. This claim might be made by a pianist who loses multiple fingers or a dancer who loses a foot in an accident.
- Loss of quality of life – This is a more serious issue than loss of enjoyment in that the person is unable to replace the hole with other activities. These compensations are for victims whose injuries restrict them from engaging in a wide range of activities. Although any victim with a permanently disabled condition can file a claim for loss of quality of life, seriously damaged victims with traumatic brain injury, paraplegia, or quadriplegia have the strongest case.
In a personal injury case, calculating damages is both an art and a science. It takes years of expertise practicing personal injury litigation to figure out how much a specific injury to a specific victim is worth. Call The Law Offices of Larry H. Parker at 800-333-0000 or contact us online to schedule a free case review if you or a loved one has been gravely wounded.