What kind of compensation can I seek in a personal injury case?
If you have suffered an injury or damage as the result of someone else’s negligent or intentional acts you have the right to seek damages through a civil lawsuit. As a plaintiff in a personal injury case you can seek damages (compensation) from whoever caused or contributed to causing those injuries and damages.
There are generally two categories of damages for personal injury cases, compensatory and punitive (if the conduct of the defendant is bad enough to warrant them). Both compensatory and punitive damages are awarded directly to the injured party or plaintiff.
When the liability or fault portion of your case is proven, the judge and/or jury will then look at any injuries or damages that were caused by the actions or inactions of the defendant(s).
These compensatory damages may include losses and damages such as medical bills, lost earnings or wages, cost of future care, and other factors such as: the nature, extent, and duration of your injury; the pain, discomfort, suffering, disability, disfigurement, and anxiety you have experienced or are likely to experience in the future; loss of love, care, affection, companionship; and loss of enjoyment of life.
Punitive damages are awarded to punish the wrongdoer for certain types of wrongful or despicable behavior. Punitive damages are only awarded in a small number of cases and are not tied to the type of harm that was suffered, but to the conduct of the defendant(s).
Damages are to reimburse an injured party in almost all injury cases, such as medical malpractice, dental malpractice, auto or truck accidents, commercial vehicle crashes, amputations or loss of limbs, paraplegia, quadriplegia, brain damage, slip and fall or trip and fall cases.