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Types Of Compensatory Damages By CAROLYN RIA
Loss of income You are entitled to compensation if your injuries prevent you from working, thereby causing you to lose income. For example, if you are a landscaper who can’t work for a week because you sprained an ankle in an accident, you are entitled to compensation for that week of lost wages. You are also entitled to lost wages if you miss work because of treatment. If the injury is serious enough that it prevents you from continuing to perform your job duties, you can sue for “loss of future earning capacity.” For example, if a construction worker who builds custom homes loses a hand in an accident, he or she can sue for loss of future wages. Your attorney may work with expert vocational and financial witnesses who can assist in proving the amount of economic loss that will be suffered in the future. If the accident results in death, a family member can sue on behalf of the deceased person (decedent) for any lost income that the victim would have earned. The amount they would have earned is based on the remaining years that they would have worked. The future earnings are “discounted” to present value by reducing the total award. Example: Suppose the decedent, who was 55 years old, made $70,000 a year and his or her work life expectancy is another 10 years. A lump-sum payout of $700,000 would be more valuable today than $70,000 over 10 years because you can invest that money. Therefore, the $700,000 would be discounted. There are some very complicated formulas used for discounting. Cost of medical expenses/treatment A substantial medical bill is compelling evidence of the seriousness of an injury. The cost of medical care can be astronomical and is one of the most important factors in calculating a dollar amount on your settlement. Simply stated, the higher your medical bills, the more damages you are entitled to. In addition, the cost of future medical expenses is an important consideration as well. If you are facing years of treatment or rehabilitation that could last a lifetime, then the amount of damages you will be awarded will normally be substantially increased. Proving to a jury or judge that you will need years of continuing medical care or rehabilitation requires substantial personal injury experience and possibly the use of medical experts. Property damage You are entitled to compensation for any damage to your property in addition to your physical injuries. The majority of damage awards are related to damage to your automobile. In addition to the loss of value or repair costs associated with your vehicle, the contents of your car may also be damaged in an accident, and you can be reimbursed for damage to this property as well. Property damage valuation is not an exact science and may require the services of a professional or expert appraiser. If the property has been completely destroyed and does not even have any salvage value, the measure of damages can be set at the fair market value of the property immediately before its loss. Property damage is calculated based upon the value of the property prior to the accident, not replacement value. If the property can be repaired, the amount of damages can be set at the amount it costs to repair the property plus compensation for the loss of its use by the owner. If the cost to repair the property exceeds the fair market value of the property before loss, the damages can be limited to the fair market value. In addition to the cost to repair or replace plus loss of use, interest and loss of profits may also be added as elements of damages – if you used your vehicle for business purposes and you directly lost profits by not being able to drive a car, you might be entitled to further damages. Lastly, if you incur rental costs while your vehicle is being replaced or repaired, you would be entitled to reimbursement for those costs. Pain and suffering The most personal, and often the most difficult-to-prove element of all damages is the pain and suffering that an injured accident victim has to endure. Though pain can be felt only by you, it can be evidenced by reference to the use of painkillers, the frequency and length of your treatment, the types of treatment you require, and the anticipated recovery time. Pain and suffering may be difficult to prove or disprove, but it can be a compelling element of your claim that requires careful attention from an experienced counsel. An attorney may interview you, your spouse if any, and any other witnesses who were familiar with your lifestyle before the accident so that it can be compared to how you live your daily life now. It is important to make sure that each and every aspect of your lifestyle that has been compromised is made known to the jury and proven through witness testimony and other evidence. Obviously, a person who undergoes several surgeries followed by excruciating physical therapy for a shattered knee will likely receive higher damages for pain and suffering than an accident victim who does not need surgery or physical therapy. Similarly, an injury that takes one year to heal will be worth more in damages than one that takes only two months. In cases where there is a permanent injury, your attorney will likely employ an expert to testify on your behalf as to the limitations imposed by the permanent condition and the appropriate value of compensation that may be appropriate. As a permanent disability will have the most negative and longest lasting impact on your lifestyle, the damages awarded to you will normally significantly. Tarpon Springs Law Firm Mental anguish/emotional distress Though mental anguish and emotional distress are often confused with pain and suffering, they are not interchangeable. It can be quite normal for an accident victim to experience some sort of emotional distress in addition to physical pain. Shock, grief, mental suffering, fear, anxiety, shame and embarrassment are some of the symptoms of mental anguish that can normally result from a traumatic accident. Here is an example: Suppose a mother pushing her child’s carriage down the sidewalk sees a car about to hit her and her child, but there is nothing she can do. The terror she experiences before the impact is considered mental anguish and she can be compensated for such. States have placed limits on who can sue for emotional distress and under what circumstances. The barriers are to reduce or prevent unfounded personal injury lawsuits based solely on mental anguish. In Florida, if you are suing for emotional distress, but you were not the actual victim of the personal injury, you have to pass what is known as the “impact doctrine.” Under Florida’s impact doctrine, you are precluded recovery where injury is facilitated by the mere observance of a traumatic event, Doyle v. Pillsbury Co., 476 So.2d 1271 (Fla. 1985), except in certain narrowly defined cases in which negligently inflicted psychic trauma in turn causes discernible physical illness. Champion v. Gray, 478 So.2d 17 (Fla. 1985). Another limit some states have imposed on emotional distress lawsuits is the “physical manifestation rule,” used in cases where the plaintiff is not injured. For example, if you are suing for emotional distress, among other things, in a libel suit, you’ll have to show that the emotional distress resulted in “physical manifestations” physical manifestations might include such symptoms as loss of weight, depression, or ulcers. Zell v. Meek, 665 So.2d 1048 (Fla. 1995). Loss of consortium A serious accident can leave a victim in serious pain and permanently disabled. Though those types of damages are separately compensable, personal injury laws also permit injured victims or the relatives of a decedent to sue for “loss of consortium” (the loss of love and companionship), as a result of an accident. A severe and disabling injury can affect a personal relationship in a variety of ways, to the point where normal romantic and recreational activities are affected severely enough to limit or eradicate prior enjoyment. Loss of consortium would also apply if an accident left a husband or wife unable to perform duties that the spouse relied upon. Though this type of recovery usually is less than the amount of recovery awarded for pain and suffering, loss of consortium can be a major element of damages in extraordinary circumstances, as where an accident causes a victim to lose a limb or become paraplegic. Lost opportunity In addition to lost wages and future lost wages, you may be able to seek compensation for any lost business opportunity resulting from an accident. It is important to be careful when presenting this type of damages to a jury. For example, not every child who suffered a debilitating hand injury in an accident “would have been a major league baseball star.” This type of claim should only be presented when there is ample, concrete evidence to support it. Otherwise, the jury may see this claim as frivolous, and it could end up hurting your chances to recover a settlement.

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Personal Injury Compensation Awards in the UK
Compensation Awards for 100 Percent Compensation. Awards for Injuries ... Severe Ankle Injuries up to £36000. Moderate Severe Ankle Injuries up to £26000 ...