What Types of Damages Can I Recover in a Personal Injury Case?

Imagine you’ve been hurt in an accident – you have hospital bills piling up, you’re missing work, and life just isn’t the same as before. At this point, it’s natural to wonder what types of damages you can recover in a personal injury case. In other words, what kinds of compensation might you be entitled to? This post will break down the different categories of damages and what they mean, so you know what to expect if you pursue a claim.

Understanding Damages in a Personal Injury Claim

In a personal injury claim, “damages” refer to the losses you’ve suffered that the law allows you to recover compensation for. These can include obvious out-of-pocket costs like medical bills, as well as less tangible losses like the pain you endured. It’s important to understand that many different types of damages may be recovered after an injury. According to Alexander Karasik, an experienced personal injury lawyer in Brooklyn, “Damages are usually divided into economic (out-of-pocket losses) and non-economic (i.e., loss of enjoyment of life, or wrongful death) damages.” This means your compensation generally falls into two buckets: things that have a clear dollar value, and things that are real hardships but harder to put a price on.

Economic vs. Non-Economic Damages: The idea of splitting damages into economic and non-economic categories helps ensure you get compensated for both your financial costs and your personal suffering. Let’s explore each category in detail below.

Economic Damages (Financial Losses)

Economic damages are the measurable, financial losses from your injury – basically, money you had to spend or income you lost because of the accident. These damages are usually easier to calculate because they come with bills, receipts, or pay stubs. Common examples of economic damages include:

• Medical Expenses: This covers all your medical bills related to the injury. It includes emergency room visits, hospital stays, surgeries, doctor’s appointments, medication, physical therapy, rehabilitation, and any future medical care you might need. Keep track of all health care costs – even things like medical equipment or transportation to appointments – because they can be added to your claim.
• Lost Wages and Income: If your injury caused you to miss work, you can claim the income you lost during that time. Whether you’re hourly or salaried, those missed paychecks are part of your damages. Additionally, if the injury affects your ability to work in the future, you may claim loss of future earning capacity. For instance, if you have a long-term disability that limits your work hours or forces you to take a lower-paying job, the projected difference in your future earnings can be included.
• Other Out-of-Pocket Expenses: Any other money you had to spend because of the accident can count as economic damage. This might include things like hiring help for household chores you can’t do while you recover, childcare expenses while you’re at doctor appointments, or even home or vehicle modifications if your injury caused a permanent disability.
• Property Damage: Although the focus is on personal injuries (bodily harm), if your personal property was also damaged in the incident (for example, your car in a collision), you can claim the costs of repair or replacement. This is often handled through insurance separately, but it’s good to note as part of your overall losses.

Economic damages are usually proven with documents and records. Save all bills, invoices, receipts, and letters from your employer about time missed. The goal is to make it clear how much financial harm you suffered due to the accident.

Non-Economic Damages (Pain and Suffering)

Not all harm from an accident comes with a receipt. Non-economic damages compensate you for the very real pain, suffering, and life impact that an injury causes. These losses might not have a direct dollar cost, but can be even more significant to your quality of life. Examples of non-economic damages include:

• Pain and Suffering: This refers to the physical pain and discomfort you experienced from your injuries and possibly the treatments (like surgeries or rehab). It also encompasses the emotional distress that often accompanies physical injuries. Serious accidents can be traumatic – you might experience anxiety, depression, or even PTSD symptoms after the event. Pain and suffering damages attempt to compensate for this physical and emotional turmoil.
• Loss of Enjoyment of Life: Injuries can prevent you from enjoying activities and hobbies you once loved. If you can’t play sports, exercise, travel, or even play with your kids the way you did before, that’s a loss of enjoyment. This aspect of damages acknowledges that your day-to-day life and happiness have been affected. For example, if you used to run marathons but can no longer run at all, or if simple activities like gardening or walking the dog are now painful, you deserve compensation for those lost pleasures.
• Scarring or Disfigurement: If the injury left you with visible scars or other disfigurement, you may receive damages for the impact on your appearance and any mental anguish related to it. Significant scarring or burns, for example, can affect a person’s self-esteem and comfort in social situations.
• Loss of Consortium or Companionship: This applies when the injury has a severe effect on personal relationships. For instance, in some cases, a spouse might claim loss of consortium if the injury has deprived them of the normal companionship, affection, or help from their partner. Similarly, a seriously injured parent might not be able to engage with their children as before, which is a real, though intangible, loss to the family.

Non-economic damages can be a bit abstract to value. Often, insurance companies or courts use factors like the severity of the injury, how long the recovery takes, and how the injury interferes with your daily life to come up with an amount. Sometimes they use a “multiplier” method (multiplying your economic damages by a certain number) or a “per diem” method (assigning a dollar amount for each day you suffered). The specifics aren’t something you need to calculate on your own – your attorney will handle that – but it helps to understand that these damages recognize the human side of an injury, not just the bills.

Wrongful Death Damages (Special Case)

Tragically, some accidents result in the loss of life. If a family member dies due to someone else’s negligence, this leads to a wrongful death claim, which is a special kind of personal injury case filed by the survivors. The damages recoverable in a wrongful death case deserve mention, even though they differ slightly from a typical injury case.

In a wrongful death claim, survivors can seek compensation for things like funeral and burial expenses, any medical bills for the final injury or illness, and the loss of financial support the deceased person provided to the family (for instance, the income they would have earned). There’s also a recognition of the loss of companionship, guidance, and emotional support that the deceased would have given had they survived – this is somewhat akin to non-economic damages for the family’s loss. New York law (and other states’ laws) can vary on which family members are eligible and what exactly can be claimed, but the principle is to ease the financial burden on the family and acknowledge their grief.

While wrongful death damages go to the family and estate rather than the injured person (since the injured person is sadly no longer with us), it’s worth understanding this category if you’re dealing with the aftermath of a fatal accident. An attorney can advise on the specifics and what compensation may be possible in such difficult situations.

Maximizing Your Compensation with a Personal Injury Lawyer

Navigating a personal injury claim and figuring out all the damages you’re entitled to can be overwhelming, especially when you’re trying to recover from an injury. This is where working with a personal injury lawyer can make a big difference. An experienced attorney (like a personal injury lawyer in Brooklyn who handles these cases every day) will know exactly what damages to pursue and how to prove them. They can help you document every loss, from the obvious medical bills to the harder-to-quantify pain and lifestyle impacts. Here’s how a lawyer helps maximize your recovery:

• Identifying All Possible Damages: Lawyers are trained to spot losses you might not think of. Maybe you overlooked that you’ll need future surgery, or that your injury affects your future earning potential. A personal injury lawyer can ensure no component of damage is left out of your claim.
• Gathering Evidence: To claim damages, you need proof. Attorneys help gather medical records, doctor testimonies, employment letters, and expert opinions (for example, an economist for future earnings or a medical expert for future care needs) to solidify your case. They will also gather evidence of pain and suffering – sometimes through your testimony, journals you keep about your recovery, or statements from family on how your life has changed.
• Negotiating with Insurance Companies: Insurance adjusters might downplay your pain and suffering or argue that some treatments weren’t necessary. A lawyer knows these tactics and will advocate firmly on your behalf. They understand the value range of your case and won’t be intimidated into accepting a lowball offer. If the insurance company sees you have skilled legal representation, they’re more likely to offer a fair settlement for all your damages.
• Legal Strategy and Litigation if Needed: If a fair settlement can’t be reached, a personal injury attorney can file a lawsuit and take the case to court. This includes asking the jury to award all the damages you’re entitled to. And if it does go to trial, you’ll want a knowledgeable lawyer presenting your case to maximize your chances of a full award.

Remember, you typically don’t pay personal injury lawyers upfront – most work on a contingency fee, meaning their payment comes as a percentage of the settlement or judgment. This setup allows anyone, regardless of finances, to get legal help to pursue the damages they deserve.

If you’re in New York and dealing with an injury, a personal injury lawyer in Brooklyn can guide you through this process. Even if you’re outside the area, it’s wise to reach out to a personal injury lawyer near you who knows your state’s laws. Having a professional in your corner ensures that you’re not leaving money on the table and that you claim all types of damages available in your personal injury case.

Conclusion

Suffering an injury because of someone else’s negligence is not only painful but also financially and emotionally draining. The good news is that the law provides a way for you to recover a wide range of damages, from your medical expenses and lost income to the intangible pain and loss of enjoyment you’ve experienced. By understanding the types of damages (economic, non-economic, and even punitive in rare cases), you can better appreciate what your claim might be worth.

Every personal injury case is unique, and the exact damages recoverable will depend on the specifics of your situation. If you find yourself in this unfortunate situation, don’t hesitate to seek out legal advice. Alexander Karasik and the team at Karasik Law Group, P.C. are here to help answer your questions and fight for the compensation you deserve. You shouldn’t have to bear the costs of an injury that wasn’t your fault. Knowing your rights and the damages you can recover is the first step toward getting your life back on track after an accident.