Personal injury law provides that, if you’ve incurred injury, property damage, or any other form of loss, as the victim you can file claims for compensation by the party you view wholly or partly responsible for those losses. However, types of damages may vary from one type of personal injury claim to another. As the plaintiff, it is therefore essential that you understand that the damages you can include in your claims.
Specific Compensatory Damages
Any monetary expenses sustained due to an injury are compensated under special damages. This kind of damages is unique to a particular complainant, and normally, they vary appreciably from one case to another. In case you’re awarded special damages, these are meant to completely compensate for any costs incurred or money lost following the incident that led to your personal injuries. All money spent or lost due to the injury is part of the special damages, and there’s no cap on the range of special damages that may be listed in your claims or the compensation figure you may ask in your personal injury case.
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Loss of earnings: When the injuries you sustained meant that you could not work and earn, or hospitalization due to the injuries denied you time to work and earn, you’ve made a case for compensable lost earnings.
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Lost future earnings: Some injuries are so severe that, once suffered, the victim is unable to work and earn as before for the rest of their life or a huge portion of it. The situation may emanate from lasting or long-term disability, like loss of arms. Your claims can include such special damages for compensation.
Medical expenses: All the expenses you suffer because of treatment for your injuries are compensable under special damages. Despite leaving the hospital, you may still incur future medical expenditure for some period or the remainder of your life because of the injuries, and you ought to be compensated for these too under special damages claims.
Certain damages are hard to quantify, but that does not mean you can be compensated for those. For instance, the pain you suffer as a result of personal injury may be hard to associate with any financial cost, but it’s an issue that your compensation claims should address. The same reasoning also works for psychological pain that’s also tricky to quantify. The loss of consortium is also a compensable issue. You will need to involve your personal injury attorney and other experts in the working out of the compensation figure to ask for all non-quantifiable damages.
Make sure you’ve worked out all the losses and damages incurred following injury, special and non-quantifiable damages included, to improve your chance of winning favorable compensation.… Read More