Personal Injury Recovery - What Are Damages?

If you are injured and wondering what kind of compensation you might be entitled to, this article will provide an overview.

Personal Injury cases may be divided generally into two categories for the purpose of discussing damages: injuries at work, and other types of injuries (auto accidents, slip and fall, defective products, medical malpractice, assault and battery, infliction of emotional distress, caregiver neglect - nursing homes - for example). If it turns out that the defendant has to pay for your injury, there are different ways the Court can compensate you. We call these damages. You can recover different types of damages depending on your situation and the cause of your particular injury.

This article will examine non-work related injuries. Work related injuries are governed by the Worker's Compensation Statute. If you have questions about Worker's Compensation, email me directly and I will answer you - Bob Vogel - rlvogel@robertvogellaw.com


Types of Personal Injury Damages

In personal injury cases, a jury usually determines the type of damages you sustained and the amount of compensation to which you are entitled. What the jury awards is determined by the proof you put on. Of course, since most cases settle before going to trial, many of these damage awards are arrived at by agreement between the parties.

A personal injury damage award generally includes two types of damages: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are designed to place a victim in the position he or she would be in if the injury had never occurred. By placing a dollar amount on the victim's injuries, compensatory damages seek to restore the victim financially, physically and emotionally. Compensatory damages may be divided into two categories: damages that compensate victims for monetary losses (also known as special damages), and damages that compensate victims for non-monetary losses (also known as general damages). Things that might be included in this category are the following:

Monetary Losses, which include:

1. Medical expenses. Damages for medical expenses may include the costs of both past and future medical care and rehabilitation. Future costs are calculated by estimating the patient's medical needs for the rest of his or her life expectancy.
2. Costs of living with a disability. An injury may result in a disability that requires a victim to significantly alter his or her lifestyle. Compensatory damages may cover the costs associated with this change. For example, a damage award may compensate a victim for the costs of renovating a house to make it wheelchair-accessible, or the costs of in-home nursing care or assistance.
3. Lost wages. A victim may recover any wages lost while recovering from an injury, as well as any lost earning capacity suffered as a result of an injury.
4. Repair or replacement of property. A victim may recover the costs of property damage suffered in a car accident, or other type of accident. Property is typically valued at its fair market value at the time of the injury.
5. Funeral expenses. The family of a personal injury victim may recover the costs of any funeral expenses incurred as a result of the injury.

Non-Monetary Losses include:

• Pain and suffering. Damages for pain and suffering typically include compensation for actual physical pain, as well as compensation for emotional distress. Emotional distress is defined as the frustration, fear, anger and loss of enjoyment of life associated with suffering from a debilitating injury.
• Loss of consortium. Spouses of personal injury victims may receive damages for the loss of the emotional and intangible elements of marriage, such as loss of affection, solace, comfort, companionship, society, assistance, and sexual relations.

Often these are difficult to calculate and truly depend on the evidence and circumstances associated with your particular case.

Punitive Damages

Punitive damages are not designed to compensate the victim, but to punish the defendant for inflicting the victim's injuries and to deter others from engaging in similar behavior. Punitive damages are typically awarded when the defendant's conduct has been especially egregious or outrageous. Punitive damages are not awarded in every personal injury case, and may not be considered unless a compensatory damage award has been ordered. In order to avoid excessive punitive damage awards, courts typically limit punitive damages to less than ten times the amount of compensatory damages.

In Tennessee, the new Tort Reform legislation has limited punitive damages to a maximum of $500,000.

Judicial Discretion

If the award is excessive or deficient, a court may review the award and increase or decrease the final amount without a new trial or appeal

If you or someone you know has been injured, or if a loved one has been killed, in an accident or due to the negligent or intentional actions of a person or company, or by a product, hospital or doctor, contact Attorney Bob Vogel immediately at The Vogel Law Firm by calling 865-357-1949 or email rlvogel@robertvogellaw.com We offer free consultations and there is no legal fee unless we recover damages for you.