Recoverable Damages in a Personal Injury Case
While the amount of compensation an individual will be able to recover in a personal injury case differs from case to case, the basics of what compensation types are available remain the same in every case. The types of compensation an injury victim can pursue and recover for are called damages. There are three types of damages, economic, non-economic, and punitive damages. In some cases, a claimant is able to pursue compensation for all three types of damages.
The first two types of damages, economic and non-economic, are also called compensatory damages because the purpose of these damages is to compensate the injury victim for a loss they suffered. These losses include:
- Loss of income
- Medical expenses
- Pain and suffering
Unlike compensatory damages, the purpose of punitive damages is to punish the at-fault party. As such, punitive damages are not often awarded in a personal injury case.
What Does Personal Injury Compensation Cover?
Personal injury compensation benefits generally cover:
- Medical expenses
- Lost wages
- Future life care expenses
- Pain and suffering
- Survivor benefits
- Funeral costs
Determining Eligibility for Personal Injury Benefits
In Massachusetts, in order to be eligible to collect damages, you must show that:
- The defendant owed you a duty of reasonable care. This can be based on your relationship with the defendant (e.g. doctor, patient), or can be based on certain situations (e.g. operating motor vehicles safely).
- The defendant breached this duty.
- Because of (1) and (2), you were injured.
- You suffered damages that can be compensated.
It’s also important to keep in mind the statute of limitations for you injury, which means the period of time in which you can longer file a lawsuit against the defendant. In Massachusetts, the statute of limitations for personal injury is three years, so it’s important to contact an attorney as soon as possible to start your claim.
Cases We Handle
Car accidents are an all too often occurrence in today’s society. If you have been injured in a car accident you have options! Our firm is experienced in dealing with insurance companies and conducting a full investigation into your claim so you can recover as much money as possible. Learn more today!
Massachusetts follows a strict liability rule when it comes to dog bites. This means that the owner of an animal is responsible is their dog bites you even if they did not think the dog would act aggressively. Learn more about Massachusetts law and how our firm can help you by reading our dog bite injury page.
Landowners are responsible for ensuring their property is safe for visitors. If they fail to do this, they can be held responsible for any resulting injuries. Learn more about landowner responsibility and how our firm can help you if you have been injured today.
Should I Hire an Attorney for My Personal Injury Case?
A qualified attorney from our firm can walk you through the entire personal injury claim process and unlike insurance companies, they are true advocates fighting for your best interest. Insurance companies are looking out for their best interest, often they have teams of lawyers working to minimize the benefits owed to you. Additionally, many people find that their injuries turn out to be more severe days or even weeks after they sustained them. If you accept an insurance settlement before you know how serious your injuries are, you may find your settlement no longer covers all your expenses. An attorney from our firm can fight to protect your rights and help you recover the compensation you deserve.
With our years of experience and determination to maximize your benefits, our Quincy personal injury lawyers at Powers & Caccavale are ready to help you.
Call us today at (617) 379-0016 for a free, no-obligation consultation.