You might hear your legal team talk about damages when you have been injured. These awards are at the heart of your case. But what’s the legal definition of damages? When you file a lawsuit, you will request a certain amount of damages to cover your losses.
With that, you can get financial restitution for the harm or losses caused by another’s negligence or intentional misconduct. Let’s look at the specifics of these damage awards and what they can mean for you.
What Are Damages in Personal Injury Cases?
Damages are a monetary remedy. They are ordered by a court to compensate a plaintiff for losses resulting from the defendant’s actions or inactions. With that, the plaintiff is “restored” to the position they would have been in had the wrongful act not occurred.
In personal injury cases, these damages are economic, noneconomic, or punitive.
Economic Damages
These losses are sometimes known as “special damages.” They cover quantifiable financial losses incurred as a direct result of the injury. Some of these examples include:
- Medical expenses for the costs related to hospital stays, surgeries, medications, rehabilitation, and future medical care as a result of the injury.
- Lost wages due to time away from work as the person recovered from their injuries.
- Loss of earning capacity compensation accounts for the diminished ability to earn income in the future due to permanent disabilities.
- Property damage may include repair or replacement costs for damaged personal property in the accident.
Many times, you will need evidence to show the tangible value of these lost damages, such as pay stubs, medical bills, and repair invoices.
Noneconomic Damages
Sometimes, these awards are called general damages. They are awarded for non-quantifiable losses that impact the plaintiff’s quality of life. These can include:
- Pain and suffering: Physical discomfort and emotional distress caused by the injury.
- Emotional distress: Psychological harm, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of consortium: Compensation for the negative impact of the injury on relationships with family members or a spouse.
- Loss of enjoyment of life: When injuries prevent the plaintiff from engaging in activities they previously enjoyed.
Keep in mind that these damages are more subjective. Many times, they rely on expert testimony or jury discretion to determine appropriate amounts.
Punitive Damages
Exemplary damages are awarded in cases where the defendant’s conduct was extremely egregious, reckless, or malicious. The purpose is not to compensate the plaintiff. These damages will punish the defendant to deter similar behavior in the future. Keep in mind that these damages are less common in personal injury cases. They are usually found in incidents involving gross negligence or intentional harm.
How Are Damages Calculated?
When you file a lawsuit, you must calculate your loss’s full extent. The economic amounts will usually be derived from your financial evidence, such as medical bills. However, noneconomic awards are more difficult to quantify. However, there are still a few methods to ensure your losses are appropriately calculated:
- Multiplier method: Courts often multiply the total economic damages by a number between 1.5 and 5 for noneconomic damages, depending on the injury’s severity.
- Per diem method: With this method, a daily monetary value is assigned to the plaintiff’s pain and suffering. That is multiplied by the number of days the plaintiff experiences these issues.
Under many circumstances, medical professionals, vocational rehabilitation specialists, and economists may be needed to validate the scope and impact of these injuries.
What Can Influence Damages?
There are several factors that can play a role in how these damages are calculated. Many times, these include:
- Severity of the injury: When there are severe injuries, that can result in higher damages. For example, truck accident cases usually ask for more compensation than those involved in a car crash.
- Duration of recovery: When you have a longer recovery period, that can increase your economic and noneconomic damages.
- Impact on daily life: For injuries that disrupt the plaintiff’s life or career, you may be able to seek higher compensation amounts.
- Shared fault: If you are responsible for some part of the accident, then your damages may be reduced under comparative negligence or contributory negligence rules.
- Insurance limits: In some cases, the defendant’s insurance policy limits may cap the amount of compensation available.
- Laws limiting damages: There are some laws that restrict certain awards, such as pain and suffering, to a set dollar amount. At one time, Kansas did cap noneconomic damages, but those were rescinded by the Hilburn v. Enerpipe
Why You Need Legal Representation To Help With Determinations of Damages
There are many nuances to these laws. You could leave money behind if you don’t know the full extent of your damages. Remember, once you settle your lawsuit, you cannot go back and ask for more money.
For that reason, you will want to work with an experienced personal injury lawyer to assist with your claim. They can examine all of your expenses and losses and calculate the right amount. With this help, you are one step closer to getting the compensation you deserve in these cases.
Whether you are involved in a car collision or a medical malpractice, determining damages is an important step in the legal process. In fact, it is the entire reason why you have decided to start the claims process. If you have not suffered some type of loss, then there is no need for legal action.
At Prochaska, Howell & Prochaska LLC, we are here to help throughout the claims process, ensuring you get the maximum compensation for your damages in Kansas. We are always here to offer a free consultation when you need help with your personal injury case.
