There are two types of damages that might be available to you after an accident. These are compensatory damages and punitive damages.
Compensatory damages are paid to compensate you for your injuries, suffering, and costs after an accident. These awards are actually broken down into two distinct categories: economic awards and non-economic awards.
Economic damages are paid to compensate for the calculable and verifiable financial costs of an accident. These include:
- Medical expenses (e.g., ambulance service, hospitalization, surgery, medical devices, medication)
- Rehabilitation and therapy
- The cost of replacing or repairing damage to property
- Lost wages and income
- Temporary and/or permanent disability
- Reduced earning capacity, and
- Funeral and burial expenses.
You are entitled to seek economic damages for both present and future costs.
Non-economic damages are paid to compensate for the intangible, subjective, and highly-personal consequences that an accident might cause. These include:
- Pain and suffering
- Emotional distress including, but not limited to, anxiety, depression, and PTSD
- Disfigurement
- Scarring
- Loss of consortium, and
- Loss of enjoyment of life.
There are many factors that can affect how an unintentional injury will affect a person. So, these damages tend to be difficult to value in terms of dollars are cents. The value can vary substantially from one case to another. It’s critical to enlist the help of qualified experts and specialists during the valuation process.
Punitive damages have one singular purpose: to punish the defendant for conduct that is particularly bad. In Pennsylvania, punitive damages can only be awarded when it’s established by clear and convincing evidence that the defendant’s conduct was malicious, willful, wanton, extreme, or outrageous. So, punitive damages are typically not available in all personal injury cases. Rather, they’re reserved for when an extreme remedy is necessary.
Our personal injury team will carefully review your case and identify any and all damages that might be available to you. Then we’ll work hard to secure maximum compensation on your behalf.