If you have been injured in an accident by somebody else’s negligence, you may well have a claim against the person or company whose negligence caused your injury. The reason to file the claim is to recover the damages that you have accumulated from your injury.
Once you’ve made the decision to hire an attorney and file a claim, you will probably be wondering what damages you can claim and ultimately recover in an injury case.
The damages you can recover in an injury case are divided into two general categories, which are:
- Economic Damages known as “Special Damages”
- Non-Economic Damages known as “General damages”
Economic Damages/Special Damage
These damages are easily determined as they are a fixed amount, and are a total of your out of pocket losses. Some examples of Economic Damages are:
- Lost wages and loss of earning capacity
- Medical expenses (past and future)
- Loss of irreplaceable belongings
- Cost of gas for driving to and from your doctors
Calculating Economic/Special Damages (Past & Future)
In contrast to general damages, special damages are usually straightforward because a certain dollar amount has already been spent on these items. It can however, get difficult once you have to place a dollar amount on the costs of future medical care or future wage loss resulting from the injury. Nevertheless this can all be done through the service of expert witnesses and the guidance of your legal counsel.
Non-Economic Damages/General Damages
These are the damages that exist but have a value amount that is difficult to measure due to the fact specific nature of these types of damages. Some examples of Non-Economic Damages are:
- Pain & Suffering
- Disability or physical impairment
- Disfigurement
- Mental anguish
- Inconvenience
- Loss of capacity for the enjoyment of life
*** Each of these can be experienced in the past or the future
Calculating Non-Economic/General Damages (Past & Future)
In most cases it becomes complicated to calculate or accurately put a figure on the amount of money needed to compensate the injured person for general damages. The complexity in determining the damages often comes from the many factors that play into calculating the exact amount. Factors that may determine a damage award include the severity of an injury, the skill of the attorneys, and the sensitivities of the jury. Also the victim’s age, education, general health, work history and mental history all become vital factors. Because of these different variables, damage awards in seemingly similar personal injury cases often vary.
It is recommended that you speak to a personal injury attorney to find out what you and your loved ones can recover in your personal injury case. If you are in the Jacksonville area and would like to talk to an experienced attorney, Brett Hastings offers free consultations just call the offices of Brett Hastings P.A. at 904-247-4400.