What Are The 3 Types Of Personal Injury Damages?

In a personal injury lawsuit, damages refer to the monetary compensation awarded to the plaintiff (the injured party) for the losses and injuries they suffered due to the defendant’s negligence or wrongful conduct.

There are three types of personal injury damages: general, special, and punitive. Damages in personal injury claims refer to the money that the law permits injury victims to recover from a person or entity for their wrongdoing or negligence. It is important to understand the various types of damages available in order to ensure you receive the compensation you deserve for your injury in a personal injury claim.

For more information and to find out what your personal injury case may be worth, reach out to a Long Island personal injury lawyer.

Compensatory Damages

Compensatory damages are the most common type of damages in personal injury cases. These are meant to compensate the injured person for their losses, including medical costs and expenses, lost wages, and pain and suffering.

Both general and special damages are considered compensatory, meaning they aim to restore compensation to victims for their losses in personal injury claims. These damages are sometimes referred to as “non-economic” and “economic.”

General Damages or Non-Economic Damages Explained

General damages, or non-economic damages, are not easily calculated. These are intended to compensate the victim for harms that cannot be easily assigned a monetary value.

Examples of General and Non-Economic Damages

Some examples of general non-economic damages in a personal injury claim are:

• Pain and suffering damages
• Inconvenience
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or dismemberment
• Mental anguish

Special Damages of Economic Damages Explained

Special damages, or economic damages, are damages that are easily calculable. They are intended to compensate the victim for losses that have a specific monetary value. Most personal injury claims seek compensation for these types of damages.

Examples of Special and Economic Damages

Some examples of special economic damages in a personal injury claim include financial compensation for:

• Lost wages and earning capacity
• Medical expenses and medical bills (past, present, and future)
• Rehabilitation costs or physical therapy
• Out-of-pocket expenses and financial losses related to the injury

Punitive Damages

A third type of damages, punitive damages, may be awarded in cases where extreme recklessness caused injury to an accident victim. Punitive damages are far less common in personal injury lawsuits than general or special damages.

According to the Legal Information Institute (LII), punitive damages are awarded as a punishment in situations where the defendant’s behavior was particularly harmful.

For example, a judge may choose to award punitive damages if a company knew about risks associated with a certain medication and chose not to disclose them, injuring one or multiple parties. Punitive damages are designed to punish the defendant and discourage others from behaving in a similar manner in the future.

Why Are Personal Injury Damages Awarded?

Personal injury damages are awarded to compensate the injured party for the losses and harm they have suffered due to another party’s negligent or wrongful actions. The primary reasons for awarding damages in personal injury cases are:

• Compensation: The main purpose of awarding damages is to compensate the injured party for their losses, including medical expenses, lost wages, pain and suffering, and other harm resulting from the incident. The goal is to restore the plaintiff, as much as possible, to the position they would have been in had the injury not occurred.
• Accountability: Awarding damages holds the responsible party accountable for their negligent or wrongful actions. By imposing financial consequences, the legal system encourages individuals and entities to act more responsibly and take measures to prevent future harm.
• Deterrence: The prospect of having to pay substantial damages can deter others from engaging in similar negligent or wrongful behavior in the future. This deterrent effect helps to promote a safer society by encouraging people to act with reasonable care.
• Justice: Awarding damages to the injured party is a matter of justice. It acknowledges that the plaintiff has suffered harm due to the defendant’s actions and provides a means for the plaintiff to seek redress through the legal system.
• Funding for future needs: In some cases, the injured party may require ongoing medical treatment, rehabilitation, or other support. Damages can help ensure that the plaintiff has the financial resources necessary to cover these future expenses related to the injury.

Overall, personal injury damages serve to compensate the injured party, hold the responsible party accountable, deter future negligence, promote justice, and provide funding for the plaintiff’s future needs arising from the injury.

Types of Personal Injury Cases

At Rosenberg & Gluck, L.L.P., our experienced Long Island personal injury attorneys help personal injury victims who have been injured in numerous types of accidents seek damages, including:

Car Crashes

Car crashes can result in a variety of injuries, from whiplash to traumatic brain injury. Our team works diligently to recover the damages car accident victims are owed for their medical bills, lost wages, and pain and suffering.

Truck Accidents with Commercial Vehicles

Accidents involving large commercial trucks can be devastating. When a truck driver or trucking company does not follow state and federal regulations, serious accidents can occur leaving victims with life-changing injuries.

Motorcycle Wrecks

Motorcycle accidents can cause serious injuries, due to a lack of external protection for the rider. Our motorcycle accident lawyers help clients suffering from broken bones, spinal cord injuries, and even wrongful death recover fair compensation for their losses.

Bicycle Accidents

Bicycle accidents can occur when a motorist fails to yield or watch the road for cyclists. Cyclists are often left with serious injuries, including broken bones, head and brain trauma, and road rash. Our attorneys can identify all possible sources of compensation for victims of bicycle accidents.

Nursing Home Abuse and Neglect

Nursing home abuse is a serious problem that can result in injury or even death for elderly residents. Our attorneys are dedicated to fighting for justice on behalf of nursing home abuse victims.

Slip and Fall Accidents

Slip or trip and falls occur when a premises owner creates or fails to correct a hazard that injures a guest, such as a grocery store with a crack in the floor that causes a customer to fall. Slip or trip and falls are a branch of premises liability cases, which can include things like injuries from negligent security, poor lighting, lack of signage, and more.

Dog Bites

A dog bite can possibly cause infection, disease, scarring or worse. When a dog bites and injures an innocent victim, the dog owner may be liable for the damages caused by their pet.

Medical Malpractice

When a doctor fails to provide the standard of medical care that another doctor would in a similar circumstance, medical malpractice has occurred. Common forms of medical malpractice include misdiagnosis, surgical errors, failure to diagnose, and birth injuries.

Contact the Personal Injury Attorneys at Rosenberg & Gluck L.L.P.

No matter the type of injury you have suffered, at Rosenberg & Gluck, L.L.P., our personal injury attorneys understand the various types of damages that may be available to you in a personal injury case. Our team is dedicated to providing our clients with the legal representation they need to ensure they receive fair compensation for their losses.

Call today for a free consultation to discuss your options with a personal injury lawyer from our law firm.

How the Statute of Limitations Can Impact Personal Injury Cases

If you are considering pursuing damages for injuries caused by another party’s negligence, there are important deadlines for a personal injury lawsuit to be aware of. New York generally imposes a three-year statute of limitations on personal injury lawsuits, per New York Civil Practice Law and Rules (CVP) §214.

Medical Malpractice and Wrongful Death Statute of Limitations

For medical malpractice lawsuits, the statute of limitations is generally two years and six months, per CVP §214-A. If you are pursuing wrongful death damages in New York, you need to know that wrongful death claims generally must be brought within two years.

Exceptions to These Deadlines

There could be exceptions to these deadlines, such as suing a municipality, that could shorten the amount of time you have to sue. If you do not file your claim by the time the statute of limitations runs out, you are generally barred from recovering any compensation via a lawsuit. Talk to a personal injury attorney today to get started on your personal injury case.

Rosenberg & Gluck, L.L.P. May Be Able to Help You Recover Damages

At Rosenberg & Gluck, L.L.P., our attorneys are dedicated to helping those hurt in an accident recover the damages available to them. Our extensive knowledge of personal injury law allows us to provide the legal representation you need in order to bring your personal injury case and maximize the amount of compensation you receive. We will take the time to thoroughly review your case, provide sound legal advice, negotiate with the insurance company on your behalf, and aggressively pursue all damages available to you.

Call today for a free case evaluation. We are here to help you get the real results from a personal injury lawsuit that you deserve.