Personal injury law provides that, if you’ve incurred injury, property damage, or any other form of loss, as the victim you can file claims for compensation by the party you view wholly or partly responsible for those losses. But types of damages can be many depending on the particular type of personal injury case. It is therefore important that, as the plaintiff, you’re aware of the damages for which you can file claims.
Unique Compensatory Damages
Special damages are the financial expenses incurred because of injury and are compensable. Such damages are unique to a give plaintiff, and typically, they differ significantly from one scenario to the next. In case you’re awarded special damages, these are meant to completely compensate for any costs incurred or money lost following the incident that led to your personal injuries. All expenses suffered because of the injury are covered under special damages, and as such, there’s no restriction on the range of special damages that you can include in your claims or the amount you can ask for compensation following personal injury.
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Loss of earnings: If the injuries you suffered made it impossible to work and earn, or treatment for the injuries meant you could not report to work and earn, that amounts to compensable lost earnings.
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Lost future earnings: Some injuries are so severe that, once suffered, the victim is unable to work and earn as before for the rest of their life or a huge portion of it. The situation may emanate from lasting or long-term disability, like loss of arms. Your claims can include such special damages for compensation.
Medical expenses: All the expenses you suffer because of treatment for your injuries are compensable under special damages. Despite leaving the hospital, you may still incur future medical expenditure for some period or the remainder of your life because of the injuries, and you ought to be compensated for these too under special damages claims.
Certain damages are hard to quantify, but that does not mean you can be compensated for those. A case in point is pain suffered due to personal injury, and although it is difficult to assign it any financial cost, it still should be included in your compensation claims. The same principle applies to mental anguish which is hard to quantify. The loss of consortium is also a compensable issue. It takes your personal injury attorney and other experts to help determine how much you can claim for all non-quantifiable damages.
Make sure you’ve worked out all the losses and damages incurred following injury, special and non-quantifiable damages included, to improve your chance of winning favorable compensation.