If you were injured as a result of someone else’s actions, it may be a good idea to file a personal injury claim lawsuit against that individual. You are, in general, guaranteed the right to compensation if he or she was responsible for causing your injury. Before you file, however, you should have a basic understanding of what a personal injury claim entails. Part of a claim will regard damages. This guide will go over the three types of damages, which are essentially the types of compensation someone may receive in a personal injury case.
Special Compensatory Damages
Despite their name, special compensatory damages are the most basic type of damages. This type of damage refers to any losses that have an objective monetary value. For example, if you can say that a loss is worth exactly $1,000, or any other exact value, then it likely falls into this category. The most common type of special compensatory damages in personal injury lawsuits are hospital bills, but it can also include damage to property, medicine costs, lost paychecks, or future loss of earning ability.
General Compensatory Damages
This type of damages is a little more complicated. General compensatory damages account for all losses that do not have a specific monetary value. For example, pain and suffering fall into this category. If you suffered physical pain due to the injury, then you may be compensated for that suffering. Because general compensatory damages do not have an objective value, the judge or your lawyer will be the one to decide what the monetary value of your suffering is. For example, if your case goes to court, the judge may decide that the physical pain you had to experience is worth exactly $500. The defendant would then have to pay you $500 in addition to any special compensatory damages. In addition to physical pain, emotional pain, loss of the ability to move or function, or even divorce can be listed among the general compensatory damages assuming they are the direct result of the injury.
Punitive Damages
This type of compensation is inherently different from the other two. Instead of compensating you for your losses, punitive damages are assigned strictly to punish the defendant. Punitive damages are rare in personal injury lawsuits. Typically, a car accident lawyer in Washington DC will only seek these damages when the defendant acted maliciously or especially irresponsibly. For example, if the defendant knowingly drove while drunk and caused injury, the judge may order the defendant to pay punitive damages to the plaintiff.