If you are seriously injured in an accident, you may be entitled to monetary compensation for the harm done to you. The law calls this compensation “damages.” In this article, our San Antonio damage compensation lawyers will explain the damages that are potentially available to you in a personal injury action.
Goal of Damages
When an injury results from the negligent acts of another, the injured person can seek damages (an award of money) for all injuries directly resulting from those acts. The goal of damages in a personal injury action is to make the injured party “whole” and, as much as practically possible, to place the victim in the position that he or she would have been in if the injury had not occurred.
There are two categories of compensatory damages: special damages, which are economic losses (lost wages, medical expenses, and property damage); and general damages, which are non-economic damages (pain and suffering, emotional distress, mental anguish).
Special damages may be awarded to compensate you for the expenses (money spent because of your injury) or losses (money you would have earned had you not been injured) incurred because of the injury. The most common special damages are:
*Past, Present, and Future Medical Expenses and Costs of Medical Treatment. These damages include expenses associated with hospital stays, doctor’s visits and prescription medicines; emergency treatment; outpatient care; physical therapy; rehabilitation; transportation connected with medical treatment; and other healthcare-related costs.
*Lost Wages or Future Loss of Earnings. This includes compensation to account for wage loss due to your inability to work. It also may include compensation for diminished earning capacity if, after the accident, you have to take a different job, with lower pay than you had had prior to the injury.
*Costs Associated with Repair/Replacement of Property. These damages include the dollar amount needed to repair or replace your property (e.g., car, motorcycle, boat) that was damaged by the acts of another.
General damages are damages awarded to compensate for non-monetary losses or harm that is not readily calculable or reduced to a specific dollar amount. General damages commonly are awarded for physical and mental pain and suffering arising out of the injury accident. This includes compensation for aches and pains; disfigurement and deformity; temporary and permanent limitations on activity; loss of enjoyment of life; psychological injury and trauma; mental anguish, depression, embarrassment, fright, and anxiety.
If you have been injured due to another person’s carelessness, contact us. Our experienced San Antonio injury compensation lawyers will evaluate your situation, explain the damages potentially available to you, and work to ensure you receive fair compensation for the harm done to you. Send us an email using the form on this page or call our office today.