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Under personal injury law, when you’ve sustained injury, damage to property, or any kind of loss, as the victim you may ask to be compensated by the person you hold partly or fully liable for the losses. Nonetheless, damages types may not always be the same for every kind of personal injury case. It is therefore important that, as the plaintiff, you’re aware of the damages for which you can file claims.
Unique Compensatory Damages
Any monetary expenses sustained due to an injury are compensated under special damages. This kind of damages is unique to a particular complainant, and normally, they vary appreciably from one case to another. If you’re awarded special damages, these should compensate you fully for every single expense you incurred or money lost owing to the event that resulted in your personal injuries. All money spent or lost due to the injury is part of the special damages, and there’s no cap on the range of special damages that may be listed in your claims or the compensation figure you may ask in your personal injury case.
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Loss of earnings: When the injuries you sustained meant that you could not work and earn, or hospitalization due to the injuries denied you time to work and earn, you’ve made a case for compensable lost earnings.
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Lost future earnings: Some injuries are so severe that, once suffered, the victim is unable to work and earn as before for the rest of their life or a huge portion of it. The situation may emanate from lasting or long-term disability, like loss of arms. The type of special damage can be part of your claims.
Medical costs: All costs you incur due to the treatment for your injuries can be compensated under special damages. Even after being discharged from the hospital, you may incur future medical costs for some time or the remainder of your life following the injuries, and these also should be part of your special damages claims.
Certain damages are hard to quantify, but that does not mean you can be compensated for those. A case in point is pain suffered due to personal injury, and although it is difficult to assign it any financial cost, it still should be included in your compensation claims. The same reasoning also works for psychological pain that’s also tricky to quantify. The loss of consortium is also a compensable issue. Before deciding what to claim for all non-quantifiable losses, you may need to work closely with your personal injury lawyer alongside other experts.
Be sure to determine all the losses and damages suffered due to injury, including both special damages and non-quantifiable damages to stand a better chance of receiving fair compensation.