What Are the Available Damages in Personal Injury Cases?

Recoverable personal injury damages are often categorized in two main ways: compensatory or punitive. Compensatory damages can be further broken down into economic or non-economic damages. Let’s explore these categories in more detail below:

Compensatory Damages

In a personal injury case, compensatory damages are awarded in an effort to help you recover financially. These damages cover the monetary losses you suffered due to the accident, and are the primary means in which most victims receive compensation.
 
To receive compensatory damages, it must be proven, with solid evidence, that the actions of the at-fault parties resulted in the injury that caused the specified losses, and those losses must be sufficiently quantified.
 

Special damages refer to the concrete expenses you incur due to your injury. These are quantifiable losses with clear dollar amounts attached. Here are some common examples of special damages you may be entitled to recover:

• Medical Bills: This includes past, present, and future medical expenses related to your injury, such as doctor visits, hospital stays, surgery, medication, and emergency services.
• Lost Wages: If you miss work because of your injury, you can be compensated for the income you would have earned during that time.
• Loss of Earning Capacity: If your injury prevents you from working at your full capacity or at all, you may be compensated for future lost wages.
• Rehabilitation Costs: Physical therapy, occupational therapy, and other forms of therapy necessary for your recovery can be included in your special damages.
• Out-of-Pocket Expenses: This may include transportation costs to medical appointments, modifications to your home or vehicle to accommodate a disability, or other expenses directly related to your injury.

The key to recovering special damages is to ensure they are well-documented and have a clear financial value. Our personal injury lawyers will work to gather all your medical bills, pay stubs, and other relevant documentation to ensure you receive the full compensation you deserve for your economic losses.
 

General damages cover the more subjective, non-monetary losses you sustain as a result of an injury. These kinds of damages broadly affect your overall quality of life, but they are difficult to quantify because their exact financial impacts are not measurable like a medical bill or missed days of work.
 
Here are some of the general damages you could be compensated for:

• Pain and Suffering: The physical discomfort and emotional distress you’ve endured and will continue to endure.
• Loss of Enjoyment of Life: The inability to participate in activities you enjoy due to the deterioration of your mental well-being.
• Loss of Consortium: The negative impact on your relationships with loved ones.
• Disfigurement or Impairment: The long-term physical limitations and changes caused by the injury.

Punitive Damages

Punitive damages are designed to punish the defendant for particularly reckless or malicious behavior and to deter others from acting similarly. They’re awarded only in addition to compensatory damages and under rare circumstances.
 
Here are some situations where punitive damages might be awarded:

• Gross Negligence: Imagine a drunk driver causing a devastating accident. This extreme carelessness could warrant punitive damages.
• Intentional Wrongdoing: This could happen if a company knowingly sells a dangerous or defective product without warning the public.
• Malicious Conduct: Intentionally causing harm, such as in assault cases.
• Egregious Violations: Flagrant disregard for someone’s rights, like discriminatory workplace practices.

The key is that the defendant’s actions must be far beyond simple negligence. Punitive damages are meant to be a powerful tool, typically reserved for the most disturbing and brazen cases.

Additional Damages That May Be Available

The following damages may be available for specific types of personal injury cases, such as car accident or truck accident cases.
 

The most common type of property damage involves a vehicle. However, if a piece of valuable jewelry was lost or destroyed in an accident, you could seek compensation for its value. Property damage claims are often easy to prove and quantify, so they are usually settled quickly.
 

Sometimes, even after repairs are complete, your car isn’t worth what it was before the accident. This loss in value is known as diminished value. Understanding diminished value can help you recover the full value of your car after an accident. There are three main types of diminished value claims:

• Inherent Diminished Value: This is the most common type. Even with perfect repairs, a car with an accident history is generally worth less than one without.
• Repair-Related Diminished Value: If repairs weren’t done properly or completely, your car might still have cosmetic or structural issues that affect its value.
• Immediate Diminished Value: This refers to the decrease in resale value right after the accident, before any repairs are made.

When a vehicle is damaged beyond repair, it’s called actual total loss. On the other hand, constructive total loss is when the cost of repairing the vehicle is greater than the value of the car, minus the salvage value. A claim is usually filed with the insurance company to recover this kind of damage.
 
Virginia and Maryland have a 75% total loss threshold. This means that if the cost of repairs is greater than 75% of the car’s value, it is automatically considered a total loss.

Are There Caps on Damages in Personal Injury Cases?

Damage caps in personal injury cases vary depending on the state. Here’s a quick breakdown for Virginia, Maryland, and Washington D.C.:
 

In Virginia there are caps on recoverable damages in medical malpractice cases. This exact amount can vary depending on when the medical negligence occurred. An experienced attorney can advise you on the specific cap that might apply to your case.

Maryland has a cap on non-economic damages, which compensate for pain, suffering, and other intangible losses. This cap can vary depending on the case. It’s important to note that legislation has been proposed to significantly increase the cap on these damages, but it has not yet been passed.

Unlike Maryland and Virginia, Washington, D.C., does not cap damages for pain and suffering. However, it’s important to consider the legal doctrine of “pure contributory negligence,” which applies in D.C. This means that if your negligence contributed to the accident in any way, you may be barred from recovering compensation.

 
Understanding these caps is important, but remember, these are just starting points. The complexities of personal injury law can be overwhelming for you to understand on your own. An experienced attorney can help you navigate the legal landscape and seek the maximum compensation you deserve.

Who Can Claim Damages in a Personal Injury Case?

Generally, the person directly injured in an accident is the one who can claim damages in a personal injury case. However, there are situations where others can also seek compensation:

• Spouses: In some cases, the injured person’s spouse can claim damages for “loss of consortium.” This refers to the impact the injury has had on the marital relationship, such as loss of companionship or intimacy. Eligibility for this can vary by state (e.g., Maryland requires a legal marriage for a spouse to claim loss of consortium).
• Wrongful Death: If the injury results in death, a wrongful death lawsuit can be filed. In these cases, the compensation goes to the deceased’s beneficiaries, typically including the spouse, children, or parents.