“How much is my case worth?” is a common question heard in law offices. In a personal injury law case, it comes down to the amount of damages the plaintiff suffered due to the defendant in the given matter. The courts will award compensatory damages and, in some cases, punitive damages.
What Does ‘Compensatory Damages’ Mean?
These damages are meant to compensate the plaintiff for that which was lost due to the accident or injury. The idea is to make the plaintiff “whole” again through monetary compensation. Some costs, like hospital bills, are easy to compensate. Other costs, like loss of consortium, are not so easy to calculate.
What Do ‘Compensatory Damages’ Include?
Here is a partial list of the different kinds of compensation the courts may award, depending on the circumstances of the case:
- Medical bills are almost always compensated. This includes the bills for the care you already received as well as estimated costs for future care. It can include the costs of home health care, rehabilitation, and any medical equipment needed.
- Lost income is another common award. This can include time you lost when recovering from the injury. It can also include any loss in future income that you might have due to loss of earning capacity from the injury.
- Property damage or loss is quite common in accidents. The courts usually compensate the plaintiff for the costs of repairs for damaged property or fair market value for property damaged beyond repair. The courts do not compensate for replacement costs, in most cases.
- Pain and suffering may be awarded in some cases. This is completely dependent on the amount of pain suffered during the incident and immediately after. It may also include ongoing pain issues.
- Emotional distress is awarded in some cases involving serious accidents. The plaintiff usually needs to show the accident caused issues like sleep loss, anxiety, and fear.
- Loss of enjoyment may be awarded in cases where a plaintiff has lost the ability to pursue recreational activities like exercise or hobbies.
- Loss of consortium awards relate to the impact injuries have on the plaintiff’s relationship with his or her spouse. This can be as simple as loss of companionship or as intimate as loss of sexual relations.
Compensatory damages are not the same as punitive damages. Those damages are usually awarded only when the defendant’s conduct is deemed extremely egregious or careless. They are used to punish the defendant, instead of being used to make the plaintiff “whole” again.
If you have been injured or had property damage caused by another person’s actions, you deserve to receive compensation for your losses. Contact the personal injury law team here at Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas.