The Difference Between Types of Compensatory Damages

In a personal injury claim, the party legally responsible for the accident must pay monetary damages to the injured party. Most personal injury damages are compensatory damages, as they are intended to make the injured party whole again following the accident. While certain compensatory damages, such as medical bills, are easy to quantify, it is more difficult to assign a dollar value to pain and suffering or loss of enjoyment.

Medical treatment

In nearly every personal injury case, damages awarded include the cost of medical care due to the accident. For example, a personal injury victim may receive compensation for treatment already received as well as for the estimated cost of continued required care because of the accident.

Loss of income

A personal injury victim may be able to collect damages for the salary lost during post-accident treatment. Depending on the severity of the injuries, the personal injury victim may also be compensated for potential income he or she could have made if not for the accident. This income classification is known as loss of earning capacity.

Property loss

A court may also award damages to compensate a personal injury victim for any vehicles, clothing, or personal items damaged because of the accident. Usually, the accident victim can obtain reimbursement for the cost of repair or for the market value of the lost property.

Emotional distress

Emotional distress is more commonly linked to serious accidents, as it compensates victims for the psychological impact of the injury. For example, an accident victim can receive compensation for fear, anxiety and loss of sleep following the accident.

Loss of enjoyment

If someone’s injuries prevent him or her from engaging in hobbies, exercise or other recreational activities enjoyed before the accident, he or she may be able to collect compensation for that loss as well.

Call (520) 792-4700 to schedule a free consultation with an experienced Tucson personal injury attorney. At Hameroff Law Firm, P.C., our legal team is personally committed to providing high-quality legal service and caring support. Whether you’ve suffered an accident or you’ve lost a loved one from a fatal injury, our personal injury attorneys can help.