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Types of Damages You May Receive for Injuries



Types of damages you may receive for injuries

Have you been seriously injured in an accident and are worried about paying for your medical expenses?

If the accident wasn’t your fault, then you need to hire an injury lawyer to help make sure you are compensated for your losses.

The insurance carrier of the responsible party is obligated to pay for your medical expenses and any other losses you sustain.

However, you may need to go to court to ensure you are fairly compensated. Here are the types of compensation you may be entitled to receive.

Types of Injury Compensation

People who have been hurt in an accident, whether it is a motor vehicle or a slip and fall accident, or by a product they’ve consumed, may be able to receive compensation for two types of damages: compensatory and punitive damages.

Compensatory Damages

Compensatory damages are meant to reimburse people who have sustained injuries for the losses they suffer. These damages are broken up into two categories, general and special damages.

Special damages offer compensation for monetary losses due to the accident. They cover items like:

  • Medical Bills
  • Property Losses
  • Loss of Income
  • Household Expenses
  • Cost of Ongoing Treatments

If someone dies as a result of their injuries, any costs regarding their funeral and loss of income are also special damages.

General damages include intangible losses due to a person’s accident and injuries. They include:

  • Pain and Suffering
  • Mental or Emotional Anguish
  • Loss of Companionship

General damages also include losses the family and loved ones receive after someone dies due to their injuries.

Punitive Damages

An injured party may also receive punitive damages, which are damages that are meant to punish those responsible for someone’s injuries or death to try to deter further incidents.

Claimants are usually rewarded when it is determined the actions of the defendant were especially harmful, intentional, or egregious.

Limitations on Damages

Many states cap the amounts of damages a person can receive for personal injuries.

The limitations vary from state to state, which is why Chris O’Brien, who is president of a firm of injury attorneys in Buffalo NY, recommends finding an attorney who has experience handling injury cases.

An experienced lawyer will know what the limitations are for compensatory and punitive damages for your type of injuries.

They will hire investigators and medical experts to testify on your behalf to help you receive the most compensation possible for your injuries.

Statute of Limitations

Another limitation on injury claims is a time limit, known as the statute of limitations, for filing a claim. The statute of limitations varies by state, but a typical time limit for filing a claim for compensation is three years from the date of the accident.

If you miss the filing deadline, then you will not be able to receive compensation, except in special situations.

These situations may include not being able to file due to being incapacitated by your injuries or if your injuries are not known until the filing deadline has passed.

Retaining a Lawyer

Discussing your situation with an experienced attorney is important. They will examine the circumstances of your injuries to determine if you have a case.

If he or she thinks you have a good case, one they can help you win, then they will usually accept the case on a contingency basis.

When an attorney takes a case on a contingency basis, this means you don’t pay them anything unless they win the case, and then their fee will come out of your award.

If you’ve been injured by someone else’s negligence, contact an injury attorney to ensure you receive proper compensation for your injuries.