Part of what makes dealing with personal injury claims so complicated is that these kinds of cases span a massively broad spectrum of accidents, injuries, and damages. It is crucial that an injured plaintiff review their accident and injuries with an experienced attorney so they can identify and evaluate all possible damages, thereby maximizing financial compensation. While many damages are unique to each plaintiff, certain damages tend to be more common and often occur across many cases and claims.
Damages tend to fall under one of two categories: economic and non-economic. Economic damages are rooted in the money they cost the plaintiff. Some common economic damages that might spring to mind include medical bills, property damage, and lost income from missing work due to injuries. Some other common, although often overlooked, economic damages might involve the cost of traveling for medical care, and childcare while you recover. Non-economic damages are harder to put a number on because they are inherently subjective. Physical pain and psychological distress are common but might only be the tip of the iceberg. Some plaintiffs experience great humiliation or damage to their personal or professional reputations.
Common Damages Related to Money
People often underestimate how expensive accidents and injuries can be. Some expenses, like medical bills and property damage, tend to be big, and people think of these damages first when discussing their case with a lawyer. However, there are various other common economic damages that plaintiffs sometimes overlook. Regardless of your monetary costs, claiming monetary damages does not mean plaintiffs have permission to spend whatever they want and add it to their damages calculations. Economic damages should be directly related to your injuries. You cannot claim more than what was actually spent.
Medical Expenses
The nature of personal injury claims means that physical injuries are inherent to each claim. To have a personal injury claim in the first place, you must have suffered some bodily harm. As such, personal injury cases often involve steep medical bills. Considering the fact that health care is notoriously expensive, it is not unusual for even minor personal injuries to come with big bills.
Medical expenses may account for current hospital bills and future medical costs. Some people are so badly hurt that they need long-term medical treatment that lasts beyond the end of their legal case. In such cases, our Atlanta personal injury lawyer can help you estimate the value of future medical bills and add them to your claim.
Property Damage
Property damage alone is normally not grounds for a personal injury claim. However, when someone experiences property damage alongside personal injuries, they may claim both damages in the same case. Your property damages might be quite significant depending on where and how you were injured. For example, many plaintiffs struggle to afford vehicle repairs after a car accident. Many need to pay for an entirely new vehicle. Auto insurance might help, but it might not cover everything.
Lost Income
Your injuries might have repercussions beyond the hospital room. Many plaintiffs report being unable to work for some time after they are injured. Depending on how bad your injuries are and what kind of treatment you need, you might be out of work for a long time. As a result, you might lose income, earnings, and wages. An attorney can help you calculate how much income or earnings you miss out on because of your injuries and factor them into your damages.
Childcare
People with children often have a hard time caring for their kids while they are recovering from injuries. They might need to pay for childcare while they rest and recover. Childcare can be expensive, especially if you have multiple children or children with special needs.
Travel Expenses
Not everyone is geographically close to doctors or medical care. You might live in a rural area far from the nearest hospital. You might need care from a specialist in another state or across the country. Your travel costs, including gas, plane or train tickets, lodgings, and food, should all be included in your damages.
Common Damages Related to Subjective Experiences
Not all damages are rooted in money. Some damages are based on painful yet subjective personal experiences endured by the plaintiff.
Physical Pain
A certain degree of pain is to be expected with personal injuries. For some, the pain is so excruciating that it disrupts the plaintiff’s life. Pain can be difficult to endure when it is too intense. Even if the pain is temporary, plaintiffs should be compensated for having endured it.
Psychological Distress
Many plaintiffs experience psychological distress after suffering personal injuries. Certain kinds of accidents can be traumatic, and just surviving one might leave someone in serious psychological distress. Painful injuries and serious medical complications might exacerbate this.
Humiliation
Depending on where and how your accident happened, you might have been deeply embarrassed. For example, you might have felt embarrassed if you were hurt somewhere in public. Maybe you were in an accident in front of coworkers, and everyone laughed. Maybe the nature of the accident is embarrassing, such as slipping and falling in a crowded bar full of intoxicated patrons who all stood by and laughed while you were badly injured.
Damage to Your Reputation
In some cases, the plaintiff experienced damage to their personal or professional reputation. For example, a truck driver injured in an accident might be unfairly labeled as a bad driver by industry peers. Such reputational damage could seriously damage their career.
How Damages Might Be Limited in Personal Injury Cases
Economic damages are limited to real expenses. You cannot claim more than what you actually spent or lost. The idea of economic damages is to put the plaintiff back in the financial position they were in before they were injured. It is not intended to give plaintiffs a financial surplus.
Non-economic damages vary more than economic damages because they are so subjective. While some states impose statutory caps on non-economic damages, others do not. Even so, this does not mean that non-economic damages may be sky-high.
Awards for non-economic damages must be proportional to the plaintiff’s actual injuries and experiences. If the jury awards excessive damages, the judge may reduce the award to something more reasonable, usually at the defendant's behest.
