Accidents can be caused by several reasons. This is why the compensation the victim gets varies, as accidents can be due to negligence or wrongful doings. So, when a victim pursues a claim for personal injury after an accident and can prove the defendant is wrong, the court makes the defendant pay for the damages they caused. And because there are different ways an accident can cause damages, there are different types of compensation that can be awarded. So, in this guide, we will explain the different types of damages that a plaintiff is generally awarded as compensation for a personal injury claim.
Punitive Damages
The whole purpose of personal injury compensation is to make the plaintiff whole after an accident. But personal injury legal disputes can be quite complicated, which is why you need to hire a personal injury attorney in Wichita to help get the compensation you deserve. So, if you are involved in an accident where the defendant acted to harm you or showed reckless disregard for your safety, then you will receive punitive damage or exemplary damage compensation.
For example, the case of a hit-and-run is a prime example of punitive damages, and the court can award you compensation for punitive damage in addition to the compensation for the actual damage of the accident. Punitive damage compensation is not to make you whole but as a way to punish the defendant for harming you. Depending on the severity of the defendant’s action, the court will decide the amount of punitive damage that should be levied.
Economic Damages
Economic damage is the compensation a plaintiff receives when an accident results in financial loss. The amount of compensation the court requires the defendant to pay varies depending on how much money you lost.
Economic damage compensation often covers medical bills, future medical bills if the injury is permanent, loss of earnings due to missed work, loss of property, and so on. Note that in most states, the court follows a rule called the collateral source rule that prevents your compensation from being reduced even if you get payment for some of the damages from sources like insurance.
Non-economic Damages
Damages from an accident can be non-economical in the sense that they may not affect the plaintiff financially. Non-economic damages are compensation paid to the plaintiff when the accident affects their quality of life.
For example, an accident can result in physical disability or mental stress interfering with the plaintiff’s or passengers’ ability to do activities they enjoy. Non-economic damage often entails compensation for loss of companionship, disfigurement, emotional distress, pain, and suffering, amongst others.
Wrongful Death Damages
If an accident results in the death of someone as a result of the wrongdoings or negligence of another, then wrongful death damage must be paid. This compensation is paid to the close family members or estate of the deceased.
Generally, the compensation that is often paid entails medical bills incurred before the death, the pain and suffering experienced before death, burial and funeral expenses, mental anguish, and emotional distress of the family members, amongst others.