What Counts as Damages in a Personal Injury Case

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Damages are the compensation awarded in a personal injury case to make up for the losses caused by an accident or injury. These losses can be monetary, physical, or emotional, depending on the circumstances of the case.

The personal injury attorneys at AMS Law Group often explain that hospital bills are not the only type of damages that can be claimed. They can also include things like emotional suffering, lost wages, and even long-term care costs. 

It’s important to know what counts as damages because they show how the law measures the real impact of an injury. So, in this article, we’ll discuss what counts as damages in a personal injury case.

What Are Economic Damages?

You can use receipts, bills, and pay stubs to figure out how much economic damages are. This kind of loss is usually the easiest to prove in court.

Common examples of economic damages include:

  • Medical costs like surgeries, therapy, and medicines.
  • Lost wages from not being able to work while getting better.
  • Reduced ability to make money if the injury keeps the victim from going back to their old job.
  • Damage to property, such as fixing a car after an accident.
  • Future medical costs for care or recovery that will continue for a long time.

Medical bills make up a big part of personal injury awards in the US. So, it’s not surprising that people tend to focus on recovering how much they’ve spend on medical bills. However, that should not blind victims from other damages they can recover. 

What are Non-Economic Damages?

There are no exact dollar amounts for non-economic damages, but they are just as important.  These damages take into account the person and emotional suffering that injuries cause.

Examples include:

  • Pain and suffering from ongoing physical discomfort.
  • Emotional distress, which includes depression, anxiety, or PTSD.
  • Loss of enjoyment of life, when normal activities are no longer possible.
  • Scarring or disfigurement that changes how someone looks, which can affect their confidence.
  • Loss of companionship in cases where family relationships are badly affected.

Serious injury cases often involve non-economic damages, especially when the victim’s quality of life is affected.

What Are Future Damages?

Future damages aim to estimate these needs in advance so victims are not left without support later on. This is why lawyers consider how much those treatments will cost and the hardships the victims will face for years.

For instance, someone who suffered a spinal injury may need physical therapy for the rest of their lives. Likewise, someone who had a brain trauma as a result of an accident might need permanent in-home care. Future damages try to estimate what these needs are now so that people don’t end up without support in the future.

Key Takeaways

  • Damages are the money awarded to cover the impact of an accident or injury on the victim.
  • They include things like hospital bills and lost wages, which all fall under economic damages.
  • They also cover non-economic damages like pain, emotional distress, and loss of enjoyment of life.
  • Future damages take into account the need for long-term care.

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