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Understanding The Different Types of Personal Injury Damages

When you or your loved one is hurt in a car accident, it’s important not just to get the medical care you need but also to be compensated for the financial damages that are associated with your physical injuries. Knowing the different types of personal injury damages, even if you never intend to file a claim, can help you better manage your finances and feel more prepared.

For each type, there are a number of factors that may impact the amount of compensation you deserve. For example, pain and suffering are likely to be more significant if your injuries were serious or permanent while property damage may not have any effect on your life at all.

Understanding the different types of personal injury damages can help you decide how much your case is worth. There are several different types of damages that could be awarded in a personal injury case.

These include:

Pain and suffering

This is the first type of personal injury damage that you’ll be awarded if you’re injured at work. The amount of this type of personal injury will depend on whether your injuries were slight or severe.

In all types of personal injury claims, including medical malpractice, there are two damages most frequently sought after by plaintiffs. These two damages are pain and suffering.

Pain and suffering damages are meant to compensate a plaintiff for the suffering that they have experienced due to the negligence or misconduct of another party. A claimant will generally benefit from obtaining multiple awards of pain and suffering damages if they had suffered additional injuries as well. Both pain and suffering are important in determining the amount of money you can receive for your injuries. The jury will award you more money if they believe that your injuries were painful or difficult to endure, but they will also consider how long before you were able to return to work or school, how long before you could participate in everyday activities, and other factors when deciding how much compensation should be awarded.

Physical impairment

Physical impairment is the most common type of personal injury damage. Damages for physical impairment can include medical expenses, lost wages, pain, and suffering. Physical impairment damages are usually covered by workers’ compensation laws.

Physical impairment damages can be awarded to compensate for a wide range of injuries and disabilities. For example, a person whose legs were amputated as a result of an accident would likely be awarded both the cost of the prosthetics that were needed to replace their missing limbs as well as compensation for their pain and suffering following the amputation.

For example, if you are injured in an auto accident, you might have physical impairment from your injuries and need medical treatment. You may also experience emotional distress, such as fear and anxiety due to the accident.

Your damages could include:

  • medical bills for treatment of your physical injuries;
  • pain and suffering caused by your accident;
  • physical impairment due to your accident; and/or
  • loss of earning capacity because of your injury.

Physical impairment damages often include an award for medical expenses related to injuries that occurred during an accident or illness. Medical bills are usually paid first, followed by lost wages and then pain and suffering.

Emotional distress

Emotional distress is also called “mental anguish” or “mental suffering.” It can be caused by a person’s loss of control over their life, feelings of embarrassment and humiliation, anxiety, depression, loss of sleep, and other symptoms like those. The plaintiff, in this case, was injured in an accident with a truck. He suffered severe injuries and had to deal with chronic pain for the rest of his life.

The plaintiff sued the truck driver for negligence causing him emotional distress. The court awarded him $1 million in damages because it felt that this was what he needed to recover from his injuries as well as compensate him for his loss of income during recovery.

Usually, emotional distress damages are awarded to those who have been subjected to extreme emotional or mental anguish. They include depression, anxiety, irritability, and sleeplessness.

  • Emotional distress is not just an emotional response to an incident or occurrence; it is a continuing effect of the injury. Here are some examples:
  • Depression: Depression shortens lifespan by 12 years and increases the risk of heart disease and stroke by 25%.
  • Anxiety: Anxiety can lead to ulcers, headaches, insomnia, and other medical problems.
  • Irritability: Irritability can lead to increased blood pressure and heart rate.
  • Sleeplessness: Sleeplessness can lead to chronic pain, heart attack, and stroke in adults and children with autism spectrum disorders.

Property damage

Property damage is a type of personal injury that can be caused by negligence, recklessness, or intentional acts. If a person suffers damages to their own property as a result of someone else’s negligence, then they may be able to seek compensation for their losses.

In most cases, property damage claims involve cars being hit by other vehicles on the roadways. Other common forms of property damage include:

  • Cars are being hit by objects thrown from cars or trucks traveling at high speeds.
  • Personal injury claims involve broken bones and internal injuries from accidents in which a driver hits another vehicle or object while driving too fast for conditions on the road.
  • Property damage can occur when someone trips over a crack in the sidewalk or steps over an uneven patch of grass. These types of incidents may not be covered under your auto insurance policy if you have comprehensive coverage only.

Lost Wages

Most injuries are not life-threatening, but they can still leave you with a loss of income. This can include both medical expenses and lost wages. Your personal injury attorney will calculate how much money you will lose if you cannot work due to your injuries. This is called your lost wages. The less serious the injury, the more likely it is that you will be able to return to work in the near future. However, even minor injuries can lead to serious complications or permanent disability that may require long-term care and financial support from family members or caregivers.

Your employer may have to pay out compensation for lost wages as a result of an accident that happened at work. This could include payments for missed time off work as well as compensation for time spent training for your job. These payments can be made by either your employer or the person who caused the accident.

Lost Earning Capacity

If you’re injured on the job and are unable to return to work, then your employer may be liable for lost earning capacity. This means that they’ll have to make up for any money that you would have earned during this time period if you were able to return to work.

Understanding the different types of personal injury damages

If you have been injured in an accident, it is likely that damages will be on the forefront of your mind. However, it is important to realize that there are different types of damages, depending on the type of injury you have sustained, and the way in which the accident occurred. Although some types of damage may seem similar, they are actually quite different. It is important to discuss each with a lawyer before proceeding to make sure you receive proper compensation for your injury.

When the amount of the damages is not certain, a complainant should expect their lawyer to conduct further investigation into exactly what happened and how much it will cost to repair the injuries. Personal injury damages might include lost wages from time away from work, future medical expenses, mental anguish, and pain, as well as compensation for destroyed property or damaged property. These are just some of the damages one might be entitled to if they have been injured due to someone else’s negligence.

Contributor Credits to Atty. Brett Sachs

Brett Sachs, partner & principal attorney at MVP Accident Attorneys, graduated from Michigan State University College of Law with Cum Laude Honors and worked for an insurance defense firm before starting his practice. Brett has evaluated thousands of personal injury cases and has helped his clients receive the justice they deserve. 

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