What Are Damages in a Personal Injury Case?

When a person or entity is responsible for someone else’s injuries — whether nonfatal or fatal — it may be possible for the injured person or for their personal representative to file a claim in order to seek what is known as “damages.” While this term might not be familiar to you if you have not been involved in a civil lawsuit in the past, it is a common legal word that refers to the remedy a party can seek by filing a civil lawsuit. According to the Cornell Legal Information Institute (LII), specifically, the term “damages” refers to “the remedy that a party requests the court award in order to try to make the injured party whole,” and they usually come in the form of “monetary compensation to the injured party.”

While the term “damages” is a broad one, it is important to know that there are different types of damages that a plaintiff can seek in a personal injury or a wrongful death lawsuit, both of which are types of civil lawsuits in Virginia. Our Richmond personal injury lawyers can explain in more detail.

Insurance Claim Settlement Versus Civil Lawsuit Damages 

First, it is important to understand that “damages” are awarded specifically in civil lawsuits. Accordingly, if you decide to work with one of our Richmond auto accident lawyers after a car crash or truck collision to file an auto insurance claim, you should not expect to receive damages from the insurance company. Rather, an insurance company usually makes a settlement offer, or offers a payout, based on the available coverage and the losses that you have incurred.

Even if you begin with an insurance claim following a collision, you may be able to file a subsequent civil lawsuit in order to seek damages if the insurance settlement was insufficient to cover your losses.

Understanding Different Types of Damages in an Injury Lawsuit 

Whether in a personal injury or wrongful death lawsuit, there are generally two kinds of damages that a plaintiff can seek: 1) compensatory damages, designed to provide compensation to the plaintiff for losses, and 2) punitive damages, designed to punish the defendant for especially harmful behavior and to deter similar behavior in the future. Both types of damages are paid to the plaintiff (in most cases), but they have different purposes.

Within the category of compensatory damages, there are two different types of compensatory damages. First, there are economic damages, which compensate for direct, financial losses, such as medical bills, doctor’s visit costs, and lost wages. Second, there are non-economic damages, which compensate for indirect losses that are subjective, such as mental anguish due to the injury, or the loss of companionship and comfort in wrongful death cases.

Punitive damages are not commonly awarded in personal injury or wrongful death lawsuits, but they can be awarded when the plaintiff can prove that the defendant engaged in “willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others,” according to Virginia law.

 Contact a Personal Injury Lawyer Serving Clients in Richmond, Virginia

If you have any questions about filing a personal injury claim or seeking damages, one of the experienced Richmond personal injury lawyers at Latham & Martin can speak with you about your case. Contact us today for assistance and to get started on your civil lawsuit.

Source:

law.cornell.edu/wex/damages#:~:text=In%20civil%20cases%2C%20damages%20are,compensation%20to%20the%20harmed%20party