Personal Injury: Compensatory Damages

Compensatory Damages For Personal Injury

The only thing certain in life is its uncertainty. This applies to everything, from the success you enjoy, to the little everyday moments and the memories that you will cherish forever. But uncertainty  also employs everyday misfortunes – in a split second one may end up either scarred and disabled for the rest of his life or in worst cases, dead. These everyday misfortunes may happen to you,  which is why you must continue to read on to know everything you need to know about the damages and claims which are an integral part of our justice system.

First off, let's define what Personal Injury legally means. It is a legal term for an injury to the body, mind or emotions done by the plaintiff. It may include bodily injuries, intentional infliction of emotional distress and negligent infliction of emotional distress. The most common of which are traffic and road accidents, occupational injuries (such as construction), assault and product defect accidents. There are two types of damages, categorized into compensatory and punitive damages. The following entry will prioritize compensatory damages.

Compensatory Damage

 

This is meant to, as its name suggests, compensate the victim for the injuries sustained. Actual damages include reimbursement (or monetary awards) for medical bills, salary one would have earned and property damage. These may also be awarded to pain and suffering experienced, mental and emotional suffering and loss of future employment possibilities.

  • Medical Bills and other expenses –  injuries lead to expensive healthcare costs, which, therefore, entitles the plaintiff compensation for this aspect. The higher the bills and the greater the services, the damages that are sought are higher. Treatment costs are also incorporated if the person suffering the injury requires long-term rehabilitation.

 

  • Loss of the opportunity to earn – this type of compensation may be claimed by the plaintiff if the injury causes him unable to carry out his occupational duties caused by the injuries. Also, the plaintiff may also be entitled to compensation to wages if the medical treatment causes him to miss out on work. Another case is when person dies, the family may sue to claim the income the deceased may have earned based on his salary and age.

 

  • Pain, suffering and emotional distress – compensation may be filed if a person suffered some sort of impairment or disability due to the injury. Also, this unique thing called loss of enjoyment is applicable to such claims. Emotional distress comes with pain and suffering and are considered to be the mental responses to the trauma and shock sustained.

 

  • Loss of employment and other opportunities – this refers to the wages and salary a person would have earned if the injury wasn't sustained. A good example would be a medical malpractice case wherein a dentist accidentally caused a seafarer to accidentally miss out the opportunity to work due to oral infection caused by the dentist's negligence.

 

  • Loss of Consortium – these cases are generally rare. It is defined as the inability of a person to engage in personal activities (such as sexual intercourse) with his or her spouse.

 

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