In legal terms, tort refers to a wrongful act that causes damages. It comes from the Latin word tortum, which means wrong or injustice. If you seek damages in a personal injury lawsuit, you must comply with all the rules and regulations that apply to tort law. Those include the statute of limitations, caps to awards, and specific damages. Before you proceed with a tort case, it is vital to know the definition of damages in legal terms.
There are two general categories of damages. Those are compensatory damages and punitive damages. Within those categories are various subsets of damages. You might not be eligible to sue for all of the damages. Additionally, depending on who you’re suing and what you’re suing for, there could be specific caps on the amount of damages you can seek.
Understanding Compensatory Damages
Compensatory damages are the losses you experience as a direct result of an accident. There are two types of compensatory damages: economic and non-economic. An easy way to think about these categories is with economic damages, you’ll always have a receipt or bill. Non-economic damages are more challenging to calculate. That is why you want to work with an experienced attorney to help you compile your losses.
Types of Economic Damages
The following are the types of economic damages you can sue for:
Medical Expenses
These are all the expenses you would be out of pocket for as you seek treatment for your injuries. These expenses begin with the cost of an ambulance trip to the ER. That also includes all the follow-up visits to your doctor. Medical expenses will also cover the following:
- Cost of surgery (if needed)
- All tests, X-rays, MRIs, CT scans, etc.
- Prescription medications
- Medical equipment and supplies
- Physical therapy
- Occupational therapy
- Special transportation (if applicable)
- In-home care
Your personal health insurance could cover a lot of these expenses. However, there will be limits. For instance, if your policy only goes up to $50,000 but your total medical expenses are $100,000, then your damages would be the difference of $50,000.
Lost Wages
You can sue for lost wages due to being kept out of work because of your injury. If that injury prevents you from returning to your job, your damages can include future earnings.
Property Loss
If your car was damaged in an accident, you can sue to recover your losses if you aren’t compensated for those losses with your automobile insurance. You would only be entitled to the value of your car at the time of the accident. Consumer Reports offers a car value calculator to help you determine your car’s value.
Types of Non-economic Damages
Non-economic damage is everything that happens due to an accident that you can’t put a number on. At the top of that list would be your recurring physical pain and discomfort. Even though the pain keeps you from working, it diminishes your quality of life. That value will be worked out between you and your attorney. Here are some additional examples of non-economic damages:
- Loss of enjoyment of life
- Emotional distress
- Mental anguish and trauma
- Decrease in quality of life
- Scarring and disfigurement
- Disabilities and permanent impairments
Depending on the extent of your injuries, your family could be awarded damages due to loss of consortium. That would mean your injuries prevent you from engaging in relationships with your spouse or providing guidance and support for your children. For instance, a dad who used to coach his kid’s little league team might be prevented from doing that because of the accident. That should be compensated for.
Understanding Punitive Damages
Punitive damages are a way to punish the person who caused the accident because of their negligence. Punitive damages are not added to all personal injury cases. However, when they are in Pennsylvania, there is a limit. Typically, you can’t be awarded more than 200% of the award for punitive damages.
Damages Caps Against the Pennsylvania Commonwealth
Although there are no caps on damages in personal injury lawsuits when you sue an individual or business, there are limits if you make a claim against the Commonwealth. As detailed in Pennsylvania Consolidated Statue 8528, the damages in a liability suit are $250,000 per plaintiff and $1,000,000 per incident. For instance, if you and other riders were injured on a bus together, you all could only share a maximum of $1,000,000.
There are also caps on medical malpractice claims as it relates to punitive damages. That amount can only be double the compensatory damages.
Getting Help to Calculate Your Damages
Adding up your medical bills and paystubs could be easy, but there are so many other factors that go into determining damages because of a personal injury accident. The Laffey Bucci D’Andrea Reich & Ryan team can provide that guidance to establish a fair remedy to compensate for your losses. That guidance starts at your first consultation meeting. Call to set up that talk today.