Understanding the 3 Types of Damages in Personal Injury Claims

July 13, 2020 | Uncategorized | By Personal Injury Legal Directory | 0 Comments

Personal Injury Lawyer

Financial hardship is a predictable outcome of a personal injury. Rehabilitation and time away from work result in a noticeable income gap. Unfortunately, restitution for economic losses is not always easy and often requires lawsuits, settlement negotiations and possibly a trial, but even those are no guarantees for compensation. Your best bet to receiving a settlement offer or judgment is organization and the gathering of facts. Define your damages and prove them. A lawyer can help, but it is still beneficial to understand the losses you can seek restitution for.

1. Punitive

Punitive damages equate to punishment for the defendant and are challenging to acquire. You must prove intent or criminal neglect. While some cases are easier than others, most personal injury claims will not result in criminal allegations, which means most punitive issues are off the table. However, in those rare cases with definitive evidence of intent, punitive losses can reach large sums, but some states have established maximum awards to protect certain professions and industries. If you believe you incurred an intentional injury, talk with a lawyer about how to move forward.

2. Compensatory

Lost wages, medical expenses and property damage are all examples of compensatory damages. You can prove these losses easily with receipts, bills and invoices, and attribution to the accident is obvious. However, the ease of proof does not negate the need for organization and direct connection to facts. Make sure you earmark every expense related to the accident. Mention the accident to doctors and anyone else, making sure there is a record of the timeline and costs.

3. General

General damages require more evidence. These losses often refer to psychological trauma, like pain and suffering. Since there is no physical injury and no definitive tie to the accident, you will need expert testimony to corroborate the trauma and how it relates to the incident. Most often, you will need a psychological evaluation and an expert to testify on your behalf. Their testimony may identify the triggers from the accident that are causing your current mental issues and stress.

You do not need to sit idly by after an accident, especially if you are not responsible for your injuries. Stop worrying about perception and start looking out for yourself. Contact a lawyer, like a personal injury attorney in Atlanta, GA from Andrew R. Lynch, P.C., and schedule an appointment to discuss your claim. A personal injury can lead to financial hardship, seek help to avoid going into debt.