Exploring the Different Types of Compensation Available in a Personal Injury Claim

by Gina Corena

Last Updated on September 25,2023

Exploring the Different Types of Compensation Available in a Personal Injury Claim

In February 2023, the family of a Florida man sued Wynn Resorts for wrongful death. In the lawsuit, the family claimed the casino staff were negligent in giving medical aid to the guest, who collapsed at the table where he was playing blackjack. The man suffered cardiac arrest and died six months later. The family is pursuing monetary damages from the resort, claiming the incident contributed to the man’s ill health and subsequent death. 

When someone gets hurt due to another person’s carelessness or intentional action, it’s called a personal injury. In these cases, injured individuals have rights to seek financial compensation from the party at fault. This compensation, also known as “damages,” is meant to help the injured party cover the various costs related to the injury. It also aims to restore their quality of life to what it was before the injury occurred, as much as possible. Compensation can address a wide range of areas, from medical expenses and lost wages, to emotional distress and loss of life enjoyment. 

Medical Expenses Compensation

One major aspect of personal injury compensation involves medical expenses. This can include the costs of emergency room visits, hospital stays, surgeries, medication, and even physical or occupational therapy. If an injury requires long-term care or rehabilitation, these costs may also be covered. The goal is to make sure that the injured person doesn’t have to shoulder the burden of medical costs resulting from someone else’s fault. It’s important to remember that every case is unique. The amount of compensation someone can receive for medical expenses depends on the severity of the injury, the required treatment, and the prognosis for recovery.

Lost Wages Compensation

In a personal injury case, the victim may also be entitled to compensation for lost wages. This covers the money they could not earn because their injuries prevented them from working. This includes not only the days immediately after the accident but also any time taken off for doctor’s appointments or due to incapacity. If the injuries are so severe that the person can’t go back to their old job, or if they can’t work at all, compensation may also cover the loss of future earnings. This helps ensure that a person’s livelihood isn’t compromised by an accident that was not their fault.

Pain and Suffering Compensation

“Pain and suffering” is a term often used in personal injury cases to describe the physical pain and emotional distress a victim experiences. It goes beyond mere medical bills and lost wages. Pain can refer to the immediate discomfort after an accident, ongoing pain, or any permanent disability. Suffering pertains to the emotional trauma following the incident, which may include anxiety, depression, loss of sleep, and more. Calculating compensation for pain and suffering isn’t straightforward, as it depends on the severity and the lasting impact of the injuries. The aim, however, is to acknowledge the non-economic impact of the injury on the victim’s life.

Loss of Consortium

When a person is severely injured, it can deeply affect their relationships. “Loss of consortium” in personal injury cases to address this impact. This means you’ve lost the advantages of a family bond because of the harm inflicted by another person’s careless actions. For example, if an injury prevents a person from providing care, companionship, and affection to their spouse or children, they might claim compensation for loss of consortium. This aspect of a claim attempts to quantify in monetary terms the loss of love, companionship, comfort, and care that result from a personal injury.

Property Damage Compensation

When a personal injury incident involves damage to a person’s property, compensation can be sought for those damages too. This is often the case in car accidents where the victim’s vehicle may be damaged or destroyed. Property damage compensation aims to cover the costs of repair, or if the property is beyond repair, its full market value. This type of compensation isn’t limited to vehicles – it can also cover other types of property that might be damaged in an incident, like a bicycle in a road accident, or personal items in a home fire. The goal is to restore the victim’s property to its condition before the accident occurred.

Punitive Damages

Punitive damages serve a different purpose compared to other types of compensation. Rather than aiming to compensate the victim for their losses, punitive damages are meant to punish the person or entity at fault and deter them, and others, from engaging in similar behavior in the future. These damages are typically awarded in cases where the actions that caused the injury were exceptionally reckless, malicious, or egregious. Because of their purpose, punitive damages can often be significantly higher than the actual financial losses incurred by the victim. However, it’s important to note that punitive damages aren’t awarded in every case – the circumstances need to be particularly severe.

Wrongful Death Compensation

In the tragic event that a personal injury results in death, the surviving family members may seek what is known as wrongful death compensation. This form of compensation is intended to cover a wide range of losses. These can include funeral and burial expenses, medical costs incurred before the deceased’s passing, and the income the deceased would likely have earned in their lifetime. It also addresses non-economic damages, such as the emotional pain of losing a loved one and loss of companionship. While no amount of money can truly compensate for such a profound loss, wrongful death claims can provide significant financial support during an incredibly difficult time.

The Process of Calculating Damages

Personal Injury Compensation

The process of calculating damages in a personal injury case involves several factors. First, there are economic damages, which are straightforward because they have specific dollar amounts. These include medical expenses, property damage, and lost wages. Non-economic damages, like pain and suffering or loss of consortium, are harder to quantify. These are based on the severity of the injury, its impact on the victim’s life, and the emotional distress caused. Sometimes, the victim’s age and occupation are also considered. In cases with punitive damages, the defendant’s actions are evaluated for malice or extreme recklessness. While the process can be complex, it’s designed to provide fair compensation for all aspects of a victim’s losses.

If you have suffered an injury, call 702-680-1111 or contact our experienced legal team today, and we will work to get the compensation you deserve. 

Sometimes, despite having a valid claim, injured parties face claim denials from insurance companies. In such scenarios, it’s crucial to know how a lawyer can assist. Learn more about how a lawyer can help when your claim is denied.

In some car accident cases, the injured party might not have been wearing a seatbelt, which can complicate the claim process. To understand how not wearing a seatbelt can impact your compensation, read more about no seatbelt car accident compensation.

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