What Are the Main Forms of Injury Compensation?
Personal injury lawsuits are filed on behalf of a plaintiff who has been injured in a traffic collision or other type of accident. In addition, the family of a person killed in an accident or by an intentional act can file a wrongful death claim. Personal injury lawsuit claims can be filed in a number of different categories and knowing more about them will give you a working knowledge of the basics.
Compensatory vs Punitive Damages
These are the two main types of damages you may receive from a personal injury case. Compensatory damages reflect the compensation you might receive from a personal injury lawsuit while punitive damages are claimed as a way to punish the at-fault party.
Economic or Special Compensatory Damages
Economic damage recovery reimburses you for the financial cost of the accident and the wages you lost. They are quantifiable because they have a set monetary value and are able to be calculated using ledgers and bills. The following are considered economic compensatory damages:
- Lost wages: Lost wages and benefits you would have earned until you can return to work are recoverable. If you are unable to work in the future, that too can be factored in. When you are unable to work at your previous job and must take a pay cut, the difference in salary is recoverable and is called lost earnings capacity.
- Medical care: This includes all forms of medical care from hospital costs, doctor fees and surgical expenses to diagnostic tests.
- Rehabilitation costs: Rehab is often needed after an accident and the cost is recoverable.
- Medication: All medications pertinent to the injury are recoverable.
- At-home nursing care: On occasion, the injured party may need nursing care in the home. This can be covered.
- Home modifications: To accommodate injuries, the home may require home modifications such as ramps and shower modifications.
- Out-of-pocket expenses: Transportation to and from the hospital or doctor’s office can be recouped.
These damages are not quantifiable and are different from case to case. Your personal injury lawyer can calculate the extent of compensation you should receive. However, this list includes:
- Pain and suffering: This category includes the long-term physical pain, emotional trauma and mental anguish the injury causes. Loss of quality of life and an inability to perform activities once enjoyed are also included.
- Loss of consortium: This is the loss of the love, support and physical expression suffered by a spouse.
- Disfigurement: Often the result of burns or car accidents, this category can include compensation for permanent scarring, loss of function and inability to engage in social activities.
- Amputation: The loss of a limb secondary to an accident can cause depression aside from physical harm.
Wrongful Death Lawsuits
When a loved one dies, the family or a legal representative can file a lawsuit for their loss. This is done to provide justice to the decedent, closure for the family and to take the defendant to task. The following are recovered in a wrongful death lawsuit:
- Funeral and burial expenses
- Lost wages the decedent would have earned until retirement
- Loss of support of family members
- The cost of hiring someone to perform jobs normally done by the decedent
- Loss of inheritance
- Cost of medical care given to the decedent prior to death if a survival action is filed
Top Personal Injury Case Types in Louisiana
Here is a list of the top personal injury case types in the state:
- Car accidents
- Defective products
- Motorcycle accidents
- Slip and fall injuries
- Dog bites
- Medical malpractice
- Boat accidents
- Truck crashes
- Pedestrian injuries
- Brain injury
- Spinal cord injuries
- Nursing home abuse
- Construction accidents
- Workplace injuries
- Wrongful death
Olinde Law Firm
At the Olinde Law Firm we are here for all your legal needs. From hurricane insurance claims to wrongful deaths, our injury lawyers help you obtain the damages you deserve. Call us at (800) 587-1889 or contact us online. We will schedule a free case review, so we can examine your claim, answer your questions and discuss your options moving forward. Remember, you will not pay us a thing until we win your case.