What Type of Damages are Available in a Personal Injury Claim?

Attorney Russel Bopp: Hi my name is Russell Bopp. I’m one of the attorneys here at Marcus and Mack.

One of the common questions that we hear from clients and prospective clients is: What damages are available in a personal injury case?

There are generally three categories of damages that are available. You have non-economic damages, that’s pain and suffering. You have economic damages, that’s generally wage lost, lost earning capacity and medical expenses or future medical expenses that are anticipated. And finally, you have punitive damages.

Now, the non-economic damages of pain and suffering are actually broken up into five categories. You have mental suffering. You have physical pain. You have embarrassment and humiliation, scarring and disfigurement. And finally, you have loss of life’s pleasures, that’s your ability to engage in the activities that you like to do on a day to day basis.

Now, economic damages are damages for lost wages—you’ve missed time off work. It’s damages for lost earning capacity, maybe you aren’t able to do what you used to do, maybe you had training that you’re no longer able to use

And finally, punitive damages, those are damages that the court awards to punish the conduct of another party. Punitive damages are awarded when there’s reckless or egregious conduct. Punitive damages are generally awarded in types of cases where you have a DUI.

If you have any questions about the types of damages that are available in a personal injury case, please reach out to the attorneys here at Marcus and Mack. You can reach out to us at our office or online.