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What Are 7 Types of Damages in a Case of Personal Injury (LA)?

author-img By Mashum Mollah 5 Mins Read October 9, 2018 Last Updated on: September 18th, 2024

Personal Injury damages

If you’ve suffered a personal injury, then you’ve already had plenty of stress to deal with. The last thing you need on top of all that is to be confused by needless legal jargon. Unfortunately, some law firms are in the habit of keeping it complex and using legal terms for everything.

To save you the hassle, we’ve taken those legal terms and broken them down in simple language, so you can get a good understanding without consulting a dictionary every few seconds.

PS – If you are looking for a firm that breaks it down simply for you, head over to www.GBW.law

1. Loss of Wages:

When injured, you might be off work for a while. This isn’t just limited to injury though – any time off needed for medical treatment, both physical and mental, is also covered. You can claim loss of wages even if you were able to use sick days or holiday time to cover your recovery period. If a permanent disability is suffered, the loss of future wages also applies.

2. Physical Suffering:

The law sees physical pain and suffering as deserving of compensation. This usually brings a pain multiplier into play, something which insurers will consider before coming up with a settlement figure. Remember the insurer is always happier to settle out of court. The only time this isn’t true is when the insurer knows they’ll win the case.

3. Medical Costs:

The most commonly known type of damages is those which cover medical expenses. All costs associated with medical treatment, from diagnosis to after-care and prescriptions, are eligible for coverage. When ongoing treatment is needed, a projection of future costs is used to cover those too. Remember when given the choice, try to recoup costs after treatment rather than estimated amounts before treatment. Sometimes recovery takes longer than expected!

4. Emotional Suffering:

Suffering isn’t limited to physical harm, any mental effects are covered too. Some people may become afraid to venture out or drive, which can affect their ability to work or enjoy life. There’s no doubt this is a blow to anyone, so it’s also taken into consideration.

5. Wrongful Death:

When the worst happens, payments for suffering can still be obtained by surviving family members. Alongside this, a wrongful death suit can be filed to obtain lost wages and more. This legislation takes into account the effect on the family of losing a family member, and can also take their trauma into account.

6. Loss of a Spouse:

Known as ‘Loss of Consortium’, this law applies in certain states, including California. The law sees the loss of an intimate partner as affecting both parties, and rightfully so. This is another type of damage which can be added to a wrongful death suit.

7. Punitive Damages:

Punitive damages are different from the other 6 on this list. This doesn’t take into account damage done. Instead, it focuses on the defendant’s actions, and how their actions may require some form of punishment. For example, a drunk driver could be considered reckless and malicious, meaning they would be hit with punitive damages too. Punitive damages are often the biggest area of payout, sometimes dwarfing the rest of the damages.

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Mashum Mollah

Mashum Mollah is an entrepreneur, founder and CEO at Viacon, a digital marketing agency that drive visibility, engagement, and proven results. He blogs at MashumMollah.com.

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