Compensatory damages are intended to make an injured person "whole" again by restoring them to the financial and physical position they were in before the accident. These damages are split into two broad categories: economic (tangible) and non-economic (intangible) losses.
Economic Damages
- Medical Expenses: This includes everything from ambulance fees and hospital stays to surgeries, follow-up visits, physical therapy, mental health counseling, and medications. Long-term care, assistive devices (like wheelchairs), and anticipated future medical costs may also be included.
- Lost Wages: If your injury causes you to miss work, you can claim compensation for those lost earnings. This includes not only time missed for immediate recovery, but also missed promotions or performance-based bonuses.
- Loss of Earning Capacity: If your injury results in long-term or permanent limitations that prevent you from working in your previous role or at the same level of income, you may be entitled to compensation for your reduced earning potential.
- Property Damage: This includes the cost of repairing or replacing your vehicle or any other personal property damaged in the accident. Documentation such as repair estimates, receipts, and appraisals are useful in supporting this claim.
Non-Economic Damages
- Pain and Suffering: These are subjective losses and include physical pain, emotional distress, anxiety, depression, and diminished quality of life. The severity and duration of your pain, supported by medical and psychological records, influence this calculation.
- Disfigurement or Scarring: Permanent scarring, especially to visible areas like the face or hands, can lead to emotional trauma and affect a person’s social and professional life. Compensation is based on the severity and permanence of the disfigurement.
Courts and insurers evaluate compensatory damages based on the evidence provided, which is why meticulous documentation is essential. A skilled personal injury attorney will work with medical professionals, vocational experts, and financial analysts to ensure your damages are fully accounted for.
