The Different Types of Damages In Personal Injury Cases


You or a loved one can suffer an injury in just about any situation throughout the day. Car, truck, bicycle, motorcycle, construction, worksite, slip and fall, and many other accidents can lead to serious and life-changing injuries. A Montana personal injury lawyer from Everett Cook Law can help you recover the different types of damages in a personal injury case.

Economic Damages in Personal Injury Cases

Economic damages are any loss suffered in a car, truck, or other type of accident that can be quantified by an invoice, bill, or receipt. The most common economic damages in personal injury cases include the following:

  • Medical bills: The cost of medical treatment, surgeries, ambulance rides, prescription medication, visits to the emergency room, any length of stay in the hospital and purchases of medical equipment.
  • Property damage: If your car was damaged in a crash, you can be reimbursed for any repair costs to get it back to normal.
  • Lost earnings: You can be compensated for the money you would have made had you not missed going to work because of your injury.
  • Cost of rehabilitation: Rehabilitation costs include physical therapy, cognitive therapy, speech therapy, and occupational therapy.
  • Expenses paid out-of-pocket: Out-of-pocket expenses include money spent to modify your home or vehicle due to the injuries suffered in the accident.

Non-Economic Damages in a Personal Injury Claim

Non-economic damages are those that cannot be quantified with a bill, invoice, or receipt. Instead, an in-depth evaluation of how the injury impacted your life will need to take place. Non-economic damages are subjective. They include the following:

  • Emotional distress
  • Pain and suffering
  • Physical impairment or disfigurement
  • Loss of consortium
  • Loss of enjoyment of life

You will be required to show a lot of evidence as to how your life has changed in any of the above categories in order to recover compensation. This is where an experienced personal injury attorney in Butte will be helpful.

Personal Injury Cases and Punitive Damages

Punitive damages are not common in every personal injury case. They are a special category of damages that must be awarded by a judge. Punitive damages are meant to punish the defendant in the case for their actions and deter them from ever making the same mistake again. Punitive damages are often only awarded when the judge deems that the actions of the defendant were intentional, negligent, or reckless. Examples of when punitive damages might be awarded include the following:

  • Malicious conduct
  • Fraud
  • Gross negligence
  • Malicious conduct
  • Defamation

There are no set formulas or rules for courts to follow when determining how much in punitive damages to award to a plaintiff. Instead, the judge will review the behavior of the defendant and how much the plaintiff’s life has changed because of the injuries.

Recovering Damages in a Personal Injury Case

When your injury is caused by the negligent actions of another person, you deserve to be compensated for your losses. A Butte personal injury attorney can ensure that you receive the compensation you deserve.

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