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Types of Damages in Personal Injury Cases: What Compensation You Can Claim

Personal injury victims can recover various types of damages including medical expenses, lost income, pain and suffering, and more. Understanding available compensation helps maximize your recovery.

📅Updated: January 30, 2026
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Economic Damages: Measurable Losses

Economic damages compensate for monetary losses with documented values. These include: past and future medical expenses, lost wages and benefits, reduced earning capacity, property damage, and out-of-pocket costs like transportation to medical appointments.

Economic damages are calculated from bills, pay stubs, tax returns, and expert testimony about future losses. Documentation is critical - keep every receipt and record related to your injury.

Non-Economic Damages: Intangible Losses

Non-economic damages compensate for intangible harms without specific dollar amounts. These include: pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (impact on relationships), and disfigurement or scarring.

While harder to calculate, non-economic damages often exceed economic damages in serious injury cases. Attorneys use various methods including multipliers and per diem calculations to value these losses.

Punitive Damages: Punishment for Wrongdoers

Punitive damages punish defendants for particularly egregious conduct and deter similar behavior. They are awarded in cases involving gross negligence, intentional misconduct, fraud, or reckless disregard for safety.

Punitive damages are relatively rare and subject to caps in many states. When available, they can significantly increase total compensation. Examples include drunk driving accidents and intentional assaults.

Wrongful Death Damages

When personal injury results in death, surviving family members can recover: funeral and burial expenses, lost financial support, loss of companionship and guidance, medical expenses before death, and pain and suffering the deceased experienced.

Wrongful death claims have specific rules about who can file and what damages are available. These vary by state. Consulting an attorney quickly is essential as evidence can disappear.

Frequently Asked Questions

Is there a cap on personal injury damages?

Some states cap non-economic or punitive damages, particularly in medical malpractice cases. Economic damages are generally not capped. Consult a local attorney for your state's rules.

Can I recover future medical expenses?

Yes. If your injuries require ongoing treatment, you can recover projected future medical costs. Expert testimony from doctors and economists establishes these amounts.

What if I was partially at fault?

Most states allow recovery even if you were partially responsible. Your compensation is reduced by your percentage of fault. Some states bar recovery if you were more than 50% at fault.

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