List of Damages in a Personal Injury Lawsuit
A personal injury lawsuit helps victims recover for the harm and losses they endured due to an injury. Amounts included in a settlement or a jury verdict for harms and losses in these suits are referred to as damages, and they can vary depending on the case. Here’s a look at the most common harms and losses that result from negligent or careless conduct.
Medical bills tend to pile up after a personal injury. Victims often incur bills for emergency room treatment, physicians visits, occupational therapy, and chiropractic care. Additionally, you may face bills for medication and home healthcare providers and have to pay travel expenses to reach healthcare providers. A personal injury lawyer can help you assess all of these costs, so you don’t leave anything out.
Often, people are unable to work after suffering an injury. If you miss time at work due to your injury, those lost wages should also be included when calculating your damages. If your future earning ability has been compromised, your personal injury lawyer can also help you estimate those amounts.
Often confused with pain and suffering, emotional distress refers exclusively to emotional damages related to an injury. This can include post-traumatic stress disorder, anxiety, fear, depression, or loss of sleep. Generally, your personal injury lawyer needs to prove that your emotional distress was caused or made worse by the injury.
Loss of Consortium
Loss of consortium refers to damages awarded to the family members of an injured person. In Ohio, the parents of an injured child can claim damages related to loss of consortium. Spouses can also claim these damages, in particular if they are no longer able to enjoy an intimate relationship with their spouse due to the injury.
Pain and Suffering
It’s difficult to put a price on pain and suffering. Constant pain can significantly diminish your quality of life, and in a personal injury lawsuit, pain and suffering payouts attempt to compensate for those damages. To firmly establish your level of pain and suffering for the courts, talk with your medical care providers about your pain so that it gets noted in your records. Additionally, take notes on how your pain affects your life and your ability to complete routine tasks.
Often, pain and suffering damages are calculated by applying a multiplier to your other financial damages. For instance, some people receive two times their other financial damages for pain and suffering, while others receive five times their other damages.
In cases where a personal injury has caused the death of an individual, there may be harms and losses to the spouse, children, grandchildren, parents or siblings of the deceased. Typically, these damages include both money losses and non-money losses. Money losses would include medical bills for the deceased, loss of financial support that the deceased would have provided to the family if they were still alive, and loss of inheritance. Non-money losses include mental anguish and loss of companionship, guidance, and counsel.
Most of the damages awarded in a personal injury lawsuit are related to losses suffered by the injured person. However, punitive damages are designed to punish the entity who caused the injury. To be awarded punitive damages it must be proven that the wrongdoer was not just negligent but that they exhibited some malice in their disregard of the rights and safety of others.
If you have been injured, you need a personal injury lawyer who is willing to give you the personalized attention your case needs. At The Mellino Law Firm, we have guided clients through personal injury lawsuits for over 30 years. Contact us today for a free case evaluation.