Been in an accident that wasn’t your fault?
Wondering what compensation you can recover?
Medical bills are stacking up, you’re missing work, you’re dealing with constant pain. The stress of it all can be overwhelming.
The problem is…
Most people have no idea what they’re entitled to. They settle for a fraction of what they should get because they’re not educated on the different types of damages.
This post walks you through every single type of damage you can recover in a personal injury case. By the end, you’ll know exactly what compensation you should be fighting for.
What you’ll discover:
- Economic vs Non-Economic Damages
- The Most Common Damages You Can Claim
- Special Damages Most People Forget
- How Your Compensation Gets Calculated
What Are Damages in Personal Injury Cases?
If you’ve been injured because of someone else’s negligence, “damages” is just a legal term for the money you can recover.
Damages are intended to make you “whole” again. They should put you back in the same position you’d be if the accident never happened.
Working with an experienced personal injury attorney will help you identify all the damages you’re entitled to so you can recover every last dollar.
Damages get grouped into categories. Some cover your financial losses. Some compensate you for things harder to place a price tag on — like pain and suffering.
Economic Damages: The Money You Actually Lost
Economic damages are damages with actual dollar amounts.
They’re out-of-pocket expenses and financial losses you can prove with receipts, bills, and documentation.
Medical Expenses
This is usually the largest portion of your economic damages.
Medical expenses are all the medical treatment you received and will receive related to your injuries:
- Hospital bills and surgery costs
- Doctor visits and specialist appointments
- Prescription medications
- Physical therapy and rehabilitation
- Medical equipment
- Future medical care you’ll need
What most people don’t realize: You can recover the costs of future medical expenses as well. If your doctor testifies you’ll need 5 more years of treatment, they put a price tag on that future care.
Lost Wages
Can’t work because of your injuries? You can recover that money.
Lost wages are the income you lost by missing work. This includes your regular salary, overtime pay, bonuses, commissions, and vacation time you were forced to use.
If you’re permanently disabled and can’t return to your previous job, you can also claim lost earning capacity. This compensates you for the difference between what you were making and what you can now.
Property Damage
Damaged your property? You can recover repair/replacement costs.
This is the money you spent to repair or replace property damaged in the accident. In a car accident, this is the cost to repair your vehicle. You might also recover the cost of personal property damaged like your phone or laptop.
Non-Economic Damages: Compensating Your Pain
Non-economic damages compensate you for losses without an exact price.
These can be worth just as much (or more) than economic damages. Settlements typically range between $10,000 to over $75,000, with non-economic damages being a large portion of the payout.
Pain and Suffering
This is probably the type of non-economic damage most people have heard of.
Pain and suffering includes physical pain and mental anguish. It covers both the pain you felt during and after the accident, as well as ongoing chronic pain, discomfort from medical treatments, and anxiety or depression.
Insurance companies often use a “multiplier method.” They’ll multiply your economic damages by 1.5 to 5, depending on severity.
Loss of Enjoyment of Life
Don’t get to do the things you used to love?
Loss of enjoyment of life compensates you for the activities and hobbies you can no longer enjoy because of your injuries. Maybe you can no longer play sports. Or travel. Or even play with your kids in the backyard.
These losses are very real, and you deserve compensation for them.
Emotional Distress
Serious injuries cause serious psychological trauma.
Emotional distress damages cover PTSD, anxiety, depression, nightmares, and fear. You’ll often need documentation from a mental health professional, but these damages can add substantial value.
Loss of Consortium
Loss of consortium is a special damage your spouse can claim.
This covers their loss of companionship, affection, and intimacy.
Punitive Damages: Punishing Bad Behavior
Punitive damages are different from every other type of damage.
Here’s why: They don’t compensate you. Punitive damages are meant to punish the defendant for especially reckless or malicious behavior.
These damages are rare — only awarded when the defendant’s actions were intentional, grossly negligent, fraudulent, or malicious.
For example, if someone caused your accident while driving drunk, you might be able to claim punitive damages.
Special Types of Damages You Should Know
Few other types of damages don’t fit neatly into the above categories.
Wrongful Death Damages
If your loved one died due to someone else’s negligence, you can file a wrongful death claim.
Damages cover funeral expenses, medical bills before death, lost income, loss of companionship, and surviving family suffering.
Wrongful death cases are complex and emotionally difficult. But they can result in substantial compensation for the family.
Loss of Earning Capacity
Loss of earning capacity is different from lost wages.
Lost wages cover income you’ve already lost due to missing work. Loss of earning capacity covers money you will lose in the future because your injuries prevent you from earning as much as you used to.
If you were making $60k a year and your injury forces you to take a job making $35k, you can recover that $25k difference for the remainder of your working life.
That can add up to hundreds of thousands.
How Damages Get Calculated
Want the truth?
There’s no simple formula. About 95% of personal injury lawsuits end in pre-trial settlement — most cases get negotiated rather than going in front of a jury.
But here’s how it usually works:
Economic damages are easy to calculate. You add up the bills and lost wages. Done.
Non-economic damages are much more difficult. Insurance companies might use the multiplier method, or a “per diem” approach assigning a daily dollar amount to your pain.
Your attorney will gather evidence, calculate total damages, and go to bat for you to negotiate the best settlement with the insurance company.
Things That Can Reduce Your Damages
Not all cases result in full compensation.
Comparative Negligence
If you’re partially at fault for the accident, your damages will be reduced by your percentage of fault.
Say your damages total $100k but you were 20% at fault. You’d only recover $80k.
Pre-Existing Conditions
Insurance companies love to argue your injuries existed before the accident.
If you have a pre-existing condition that was made worse because of the accident, the insurance company will try to reduce your compensation.
That’s why having a good attorney who can prove the accident caused/aggravated your injuries is so important.
Failure to Mitigate
You have a legal obligation to minimize your damages.
Meaning, if the doctor prescribes physical therapy, you have to go. If you ignore medical advice and make your injuries worse, the insurance company can reduce your compensation.
Summing Things Up
Understanding all the types of damages you can recover in a personal injury case is crucial to getting fair compensation.
You can recover economic damages for actual financial losses you suffered like medical bills and lost wages. You can also recover non-economic damages for less tangible losses like pain and suffering and loss of enjoyment of life. In rare cases, you can even get punitive damages.
The bottom line is: Most people have no idea what they’re entitled to, and they settle for a fraction of what they should get. Don’t make that mistake. Work with an experienced attorney who knows how to calculate and fight for every last dollar you’re owed.
Your injuries have already cost you enough. Make sure you get full compensation so you can move forward with your life.
