You can seek compensation in a personal injury case if you have suffered property damage, injury or any other kind of loss due to the actions of the plaintiff. The legal term for compensation in personal injury cases is "damages". The damages awarded in case of personal injury lawsuit claims are divided into two categories: punitive and compensatory.
While there are many categories that fall under compensatory damages, the main ones are general and special damages. Compensatory damages aim to reimburse the injured party for the injuries or harm they have suffered as a result of the actions of the defendant. Compensatory damages are applicable in almost all personal injury cases including but not limited to car accidents, slip and fall cases, and medical malpractice.
Compensatory damages are also awarded in case of a wrongful death claim but these damages are very different from the ones that are awarded in other personal injury cases.
Punitive damages are applicable only in a small number of personal injury cases. These damages are not related to the harm caused to the victim but are awarded as a punishment to the wrongdoer for their despicable behavior.
Punitive and compensatory, both are awarded to the injured party directly.
Special Compensatory Damages
These damages cover for the financial expenses caused by an injury and may vary from one case to another. The special damages compensate the victim wholly for the money lost or the expenses occurred as a result of the injury. Here are the common types of special damages.
· Medical bills
· Loss of future earnings
· Loss of earnings
· Household expenses
· Cost of current and future medical bills
· Cost of altered plans and cancelled trips
General Compensatory Damages
General damages are the ones that compensate the victim for the non-monetary damage that are incurred as a result of personal injury. These are called general damages because they refer to the typical harm that is sustained in the injuries. All the victims in general injury cases are expected to have some general compensatory damages. Here are the most common types of compensatory damages that fall under the general category.
· Pain and suffering
· Loss of companionship
· Loss of consortium
· Mental anguish
Wrongful Death Damages
As mentioned before, the damages in wrongful death claims are very different from the ones that are given in other personal injury cases. Here are the wrongful death damages.
· Funeral expense
· Burial expense
· Cost of medical care spent before death
· Emotional distress of the survivors
· Loss of support and service
· Loss of financial contribution
· Loss of consortium and companionship
Factors that Affect Personal Injury Settlement
While every personal injury claim is different, there are some common factors that can increase or decrease the compensation amount in personal injury cases. Let us take a detailed look at these factors. You can then compare these factors with your own case and find out how much compensation is right for you.
Factors Affecting Your Multiplier
The most common formulas to find out the personal injury claim value use a multiplier to determine the amount of pain the victim has suffered in a personal injury case. The settlement offer is going to be more if the pain suffered is more. Here is a list of injuries that will guide you in choosing a higher or a lower multiple for your personal injury case.
Using a Higher Multiple
These factors indicate using a higher multiple to calculate your medical expenses in personal injury cases:
· Hard injury: broken bone, joint injury, head injury, vertebrae injury, wounds, nerve damage
· Medical treatment by a hospital, clinic or a medical doctor
· Medical expenses for the treatment
· Prescribed medication to treat the injury
· Long-term injury with a long recovery period
· Emotional or physical distress
· Permanent injury
· Disruptions in daily life as a result of the injury
Using a Lower Multiple
These factors indicate using a lower multiple to calculate your medical expenses in personal injury cases:
· Soft tissue injury: bruise, strain, or sprain
· More diagnostic expenses than the ones needed for treatment
· No medicine prescribed by the doctor
· Non-medical doctor treatment
· Brief medical treatment for the injuries
· Short recovery period
· No permanent or residual injury
· No emotional or physical problems caused by the injury
Other Factors that Affect Compensation
Here are some other factors that are going to have an impact on the overall compensation in personal injury cases.
You get a higher compensation in the following cases:
· No fault on your part in the accident
· You remain organized and calm in the settlement process
· The defendant is not sympathetic or credible
· Witnesses who bolster your case
You get a lower compensation in the following cases:
· You share the blame for the accident along with the defendant
· Impatience and disorganization on your part during the claim and settlement process
· A credible and sympathetic defendant on the other side
· Witnesses favoring the defendant
· No witnesses to bolster your side of the case
These were some of the important factors that ultimately affect your claims and damages in personal injury cases. It is best to have an experienced personal injury attorney in Kentucky by your side to make sure you get the compensation you deserve. If you are located in Kentucky and are looking for a seasoned personal injury attorney, we at Christopher Jackson Law offer it all. We take care of all aspects of your personal injury cases and make sure you get the best compensation in your personal injury cases. Get in touch with us for free consultation by calling 859-261-1111.