While no amount of money can undo an injury, a well-structured claim can help victims obtain compensation that significantly eases the burden and helps restore their quality of life. Understanding the different types of damages and how compensation sums are calculated can empower you to pursue full and fair compensation.
What Damages Arise from Personal Injury Claims
Victims of personal injuries are entitled to claim various types of damages, which are categorized into three main types. Each serves a specific purpose in compensating the victim for losses suffered as a result of the at-fault party’s negligence or wrongdoing.
1. Economic Damages for Injuries Sustained
Also known as special damages, economic damages compensate victims for all money spent or incurred as a result of the injury. “Another way to describe economic damages is measurable or quantifiable financial losses,” says personal injury lawyer Eric Doroshow of The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya. They are considered quantifiable because they are supported by documentation or evidence such as bills, receipts, invoices, or employment records. This makes them easier to prove in court or during negotiations, and they include:
- Medical Expenses: This covers every expense incurred during the medical process and recovery.
- Lost Wages: The goal of this is to compensate victims for all the times they were unable to work due to the injury.
- Loss of Earning Capacity: Compensates for inability to go back to work and earn due to long-term disability or permanent impairment as a result of the accident.
- Property Damage: Compensates for personal property damaged as a result of the accident.
Because these losses are tangible and backed by evidence, they often form the foundation of most personal injury claims.
2. Non-Economic Damages for Injuries Sustained
Also known as general damages, non-economic damages compensate victims for losses that lack a fixed monetary value. This is because these damages are intangible, deeply personal, and felt rather than seen. They are not supported by receipts or invoices but are based on the emotional, physical, and psychological impact of the injury.
Recovering non-economic damages is more difficult, as they are more challenging to quantify and prove in court. Professional witnesses and medical records are heavily required to support claims and recover damages.
3. Punitive Damages
This is the least common, or rather, most rare type of personal injury damage in Delaware. Unlike economic and non-economic damages, punitive damages do not monetarily compensate the victim, but punish the defendant (at-fault party) for their egregious conduct. This is done by holding the at-fault party accountable for their reckless, malicious, or intentional behavior, in the hope of deterring others from engaging in the same conduct in the future.
How Compensation is Calculated
Calculating compensation for a fair settlement in a personal injury claim involves meticulousness and utmost precision. A combination of documents, professionals’ assessments, and legal strategies is involved. As stated, punitive damages cannot be calculated; therefore, compensation calculation focuses on economic and non-economic damages.
- Calculating Economic Damages
Calculating economic damages is straightforward due to their verifiable documentation of losses. Simply add up all actual expenses and financial losses, including medical bills, pay stubs, total income lost, repair estimates, and other out-of-pocket expenses. Do not forget to include future expenses, such as estimated future medical treatment and future income loss. Do not make the mistake of assuming your medical and income amounts; consult with a qualified medical professional and a financial advisor.
Also, consider consulting your personal injury lawyer if you are calculating the settlement yourself, or you could have your lawyer handle it for you.
- Calculating Non-Economic Damages In Personal Injury Claims
Calculating non-economic damages in a personal injury claim can be challenging because it is not as quantifiable as economic damages. Lawyers and the courts employ different methods to determine a fair cost. However, regardless of the methods used, the goal is to ensure the victim receives fair compensation for the impact the accident had on them.
Conclusion
Delaware’s legal framework provides injured individuals the right to recover damages for both tangible and intangible losses. Working with a qualified personal injury attorney can help ensure that you pursue the full extent of damages to which you are entitled, thereby helping you rebuild your life after an accident.
Also Read: What to Do After an Injury in West Virginia
