When you or a loved one is injured in an accident and you file a personal injury lawsuit, you may be entitled to financial compensation for your injuries. This money award for your pain and injuries is known as damages. Under United States law, the defendant in a these cases is responsible for paying damages to the plaintiff, or the injured individual, if the defendant is found guilty in the case.
The most common type of damages is actual damages. Actual damages, also known as compensatory damages, are paid to compensate an individual for loss, injury, or harm incurred from another's breach of duty.
In the realm of personal injury, damages are awarded in cases in which there was a breach of tort duty. In other words, the claimant receives compensation based on the position he or she would have been in had the personal injury not happened. This is divided into two categories: general damages and special damages.
General damages compensate the injured party for the non-monetary aspects of their injuries. This may include:
Physical pain
Emotional suffering
Disfigurement
Mental of physical impairment
The plaintiff must be able to prove that these or any other result of suffering the personal injury occurred as a result of the injury and not pre-existing conditions in order to be compensated for them.
Unlike general damages, special damages compensate the injured party for his or her monetary losses suffered because of an injury. These may be awarded for any number of reasons, but the most common are:
Lost earnings
Repairing or replacing property
Compensating for irreplaceable items
Covering extra costs associated with the injury
Again, especially in the case of repairing or replacing property and compensating for irreplaceable items, the plaintiff must be able to prove that the property was damaged in the accident and not before in order to receive compensation.
As in any legal case, proving your case can be difficult, so it is important to have a personal injury lawyer by your side to help you through the process. An attorney knowledgeable in personal injury can help you get the damages you may be entitled to.
If you or a loved has suffered an injury because of another's negligent actions, contact the Philadelphia personal injury attorneys or Lowethal & Abrams, P.C. to learn more about building your case.
Michael Enfield
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