Compensatory Damages : An Overview
An Overview of Compensatory Damages
The most commonly awarded damages in a personal injury suit are called compensatory damages. These damages seek to compensate the victim for losses incurred because of an injury caused by the defendant, and cover a variety of losses that the victim experiences as a result of the injury.
When an individual is injured in an accident, he or she can face outstanding costs with regard to medical treatment. When bringing a personal injury action, an injured party can seek reimbursement for the costs of medical treatment incurred as a result of the accident. Such treatment can include hospital bills, emergency transportation to the hospital, and prescription medication costs. Compensation can also be awarded for the costs of future treatment when the victim faces a permanent disability resulting from the accident.
Lost Income and Loss of Earning Capacity
A victim can recover wages that were lost as a result of missing work while recovering from an injury caused by the defendant. If the injury results in permanent disability, an individual can also sue for earnings he or she would have made in the future if the accident had not occurred.
Mental Anguish and Emotional Distress
Serious injuries often take a psychological toll on the victim. Damages for emotional distress seek to compensate an injured party for mental distress caused by the accident such as anxiety, fear, and depression.
Loss of Enjoyment
An accident that results in serious injuries can affect a person’s ability to engage in everyday activities that he or she enjoyed before the accident. Damages for loss of enjoyment are meant to compensate an individual when they are no longer able to enjoy hobbies, exercise, and other daily activities as a result of a disability caused by the accident.
Pain and Suffering
This type of damage seeks to compensate an injured party for pain and suffering occurring from the moment the accident occurred onward. Examples of pain and suffering include surgeries, medical treatment, rehabilitation, and any ongoing pain that is a direct result of the accident. Pain and suffering can also be experienced on a mental spectrum, including depression, anger, and insomnia. Damages can also be awarded for pain and suffering that the individual will likely experience in the future.
Loss of Consortium
This unique form of damages seeks to compensate family members of injured parties rather than the injured party themselves. An action for loss of consortium seeks to compensate a spouse or child for the loss of the injured party’s companionship. A spouse can also seek damages for loss of consortium related to an inability to have a sexual relationship with the injured party.
We hope this article has given you a brief overview of what compensatory damages are. If you or a loved one have been involved in an accident, give us a call or fill out our contact form. We will provide you with a no cost consultation to discuss your case. 843-839-4111
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