Personal Injuries – Personal Injury Claims

Personal injury cases can involve a range of damages, depending on the severity of the injuries or what level of negligence is involved. Damages can generally be categorized into two types: compensatory and punitive. Compensatory damages are meant to cover the plaintiff’s losses that arose due to the injury. These could include medical costs incurred, physical damage to assets and/or lost wages. The actual level of compensation can be limited by the state in which the lawsuit has been filed.

Some states allow plaintiffs only to recover ‘actual damages’. In some personal injury cases, plaintiffs will receive either compensatory or punitive damages. In some severe cases, plaintiffs may be eligible for both compensatory and punitive damages. Punitive damages are awarded to the injured party to ‘punish’ the negligent party. These damages can in some cases be limitless and are aimed at covering a range of claims, such as pain and suffering, psychological stress, future income and even the ability to earn an income.

Each state has to adhere to general principles governing what types of damages are awarded, and for which type of cases. For example, punitive damages cannot be awarded for cases where breach of contract is the claim and not negligence. However, punitive damages may be awarded, if the breach of contract was willful and deliberate.