P&N BLOG | What Compensation Can You Seek in a Personal Injury Claim?

If you’ve been injured due to someone else’s negligence or wrongful actions, understanding your rights and the compensation available is essential. Personal injury laws exist to ensure that victims can recover damages for their losses, whether financial, emotional, or otherwise. In this post, we’ll break down the different types of compensation you may be entitled to, including economic and non-economic damages, punitive damages, and wrongful death damages. We’ll also discuss limitations on injury compensation and how you can maximize your claim.

Types of Personal Injury Compensation

Economic Damages

Economic damages cover tangible financial losses resulting from an injury. These are relatively straightforward to calculate and may include:

• Medical Bills: Reimbursement for hospital stays, surgeries, medication, rehabilitation, and other medical expenses related to your injury.

• Future Medical Costs: Compensation for ongoing or long-term medical care required due to permanent injuries.

• Lost Wages: Coverage for income lost while recovering from the injury.

• Future Lost Earnings: If your ability to work is permanently affected, you may be compensated for the income you would have earned.

• Property Damage: Reimbursement for any personal property damaged in the incident.

• Other Out-of-Pocket Expenses: Any additional costs incurred due to the accident, such as transportation for medical appointments.

Estimating these damages involves reviewing medical records, employment history, and expert opinions on future financial impact.

Non-Economic Damages

Non-economic damages account for losses that do not have a direct financial value but significantly impact your quality of life. These may include:

• Pain and Suffering: Compensation for the physical pain and discomfort endured due to the injury.

• Emotional Distress: Coverage for psychological trauma, such as anxiety, depression, or PTSD, resulting from the accident.

• Loss of Consortium: Compensation for the loss of companionship, intimacy, or support from a spouse or family member.

• Disfigurement: Damages awarded for permanent scarring or disfigurement caused by the injury.

• Loss of Enjoyment of Life: Compensation for the inability to participate in activities that once brought joy.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s conduct was more than just negligent—it was reckless or intentionally harmful. Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim but rather to punish the wrongdoer and deter similar behavior in the future. The amount awarded depends on the severity of the misconduct.

Wrongful Death Damages

If a loved one has died due to someone else’s negligence, their estate or family members may be entitled to wrongful death damages, which can include:

• Medical expenses incurred before death

• Pain and suffering experienced before death

• Funeral and burial expenses

• Loss of financial support the deceased would have provided

• Emotional distress and mental anguish experienced by surviving family members

• Loss of consortium (companionship and support provided by the deceased)

Limitations on Injury Compensation

While personal injury compensation is designed to provide full recovery, some legal and practical limitations may apply:

Tort Reform Limits

Some states have laws that cap the amount of compensation victims can receive, especially for non-economic and punitive damages. These limits are most common in medical malpractice cases and other specific claims.

Insurance Policy Limits

Most injury claims are paid through insurance policies, which have coverage limits. If your damages exceed the defendant’s policy limits, you may have difficulty collecting the remaining amount directly from the responsible party.

Seeking the Compensation You Deserve

Personal injury claims can be complex, involving multiple categories of damages and legal considerations. To ensure you receive fair compensation, it’s crucial to work with an experienced personal injury attorney who can guide you through settlement negotiations or court proceedings.

If you or a loved one has suffered an injury due to another’s negligence, The Law Offices of Parente & Norem, P.C. can help. Call or text us today for a free case evaluation at 312.641.5926, or fill out a contact form on our website.