What kind of damages should I expect to receive from my injury claim?
The amount and kinds of damages you may receive from a personal injury claim is determined by a few factors such as:
the type of injury you've suffered, how serious your injury is
the losses you've incurred from your injury (whether financial, physical, or emotional)
the jurisdiction you live in.
Other factors determined by the court may be taken into consideration as well. There are generally two types of damages you may receive from a personal injury claim - compensatory and punitive.
Compensatory Damages
Compensatory damages are the most typical form of damages people receive from an injury claim. This serves to compensate the injured person for any losses they may have suffered. Losses include, but are not limited to, physical injuries of the victim. Other losses may include medical costs, lost wages, the loss of ability to work, emotional duress of the injured party, loss of quality of life, loss of household services, and other damages specific to the victim. Other persons may also be able to bring a personal injury claim on behalf of the injured party. This is most common in cases of this is when the injured party is deceased.
Punitive Damages
Punitive damages may also be available in some cases. Punitive damages may be awarded for additional damages the injured party may have suffered. These types of damages are not available in all jurisdictions and are often determined by the fact finder for the case, either the judge or the jury.
Punitive damages do not have to be awarded in every personal injury case, but may be given as a way of bringing additional punishment upon the defendant for their negligence or wrongdoing. Whether punitive damages are warranted depends on the facts of the case, state law, jurisdiction, and the fact finder for the case.