Personal injury litigation arises when someone is injured by another’s actions. Personal injuries may result when driving, walking, using products or receiving personal care. These cases are taken to court to decide whether—and how much—monetary compensation will be awarded to the injured or otherwise affected party. Payments awarded in personal injury cases are typically intended to compensate for one of the following common damages:
When an individual experiences a personal injury due to the actions of another party, they are generally eligible for compensation for costs of their medical treatment. This compensation usually covers not only the medical treatment that is required currently, but also payment for any future or regular treatments needed as a result of the injury.
Damage to property occurring in an accident may be eligible for compensation payments. This property loss can involve vehicles, residences, personal property or assets which suffered as the result of another party’s action or lack of appropriate action. The compensation paid in these cases is often intended for either the repair or complete replacement of the affected property.
Pain and Suffering
Pain and suffering seeks to compensate the injured person with a financial amount for physical distress caused by the injury, either at the time of the accident or during treatment. In some cases, pain and suffering compensation will be awarded for suffering that may continue into the future.
Some personal injuries are so severe they leave lasting emotional problems, often including anxiety, sleep disturbances and lasting trauma. The reactions may be severe enough to require treatment in addition to the physical injury. In some states, emotional distress is considered part of pain and suffering.
Loss of Enjoyment
When a personal injury profoundly affects the person’s ability to engage in normal recreational activities, hobbies and other activities, they may be eligible for compensation for loss of enjoyment. This form of compensation is intended to minimize, as much as possible, the impact an injury can have on a person’s life and happiness.
Loss of Income
Another of the more serious repercussions of a personal injury is the loss of income the injured party may experience after such an injury. This loss may range in severity from a short-term inability to work to a permanent disability. This type of compensation, according to a Saint John long-term disability lawyer from Cantini Law Group, attempts to replace any lost income so the injured party and their dependents may continue their lives as normally as possible.
Loss of Consortium
Loss of consortium is a payment made to compensate for damages that injured parties may sustain in their relationship with their spouses, such as the loss of companionship or loss of intimacy. Family members typically make these claims on behalf of the injured party.
These are the basic types of compensation that are paid in standard personal injury cases. However, other payments, such as punitive damages, may also be involved in a personal injury award.
This article is from Emma Sturgis, a freelance writer living in Boston. She writes on a variety of topics, including politics and law. When not at her computer, she enjoys film noir and rock climbing.