When you are seriously injured because of someone else’s negligence, you most likely have the option to pursue compensation from the responsible party. This compensation is known as damages. Compensatory damages may be general (non-economic, not directly tied to financial losses or costs) or special (financial costs and losses directly related to the injury).
Below we list some of the most common examples of damages, but note that other types exist based on the specific circumstances:
Special Damages for Past Losses
- Medical bills
- Lost wages
- Prescription costs
- Costs of home modifications and assistive/adaptive devices and equipment
- Transportation by ambulance, helicopter, etc., to the hospital
- Costs of getting to and from medical appointments
- Legal fees
- Courtroom fees
- Property damage
Special Damages for Future Losses
- Diminished earning capacity
- Future loss of wages from being unable to return to your job
- Future medical costs
- Future rehabilitation costs
- Costs of job retraining
General Damages
- Pain and suffering
- Mental anguish
- Trauma
- Diminished quality of life
- Loss of enjoyment of life
Aside from compensatory damages, some cases also award punitive damages. This category is awarded less often. It exists as a means of punishing the responsible party for grossly negligent, egregious behavior. It also serves as a deterrence or warning, discouraging similar behavior from this individual and from society in general.
Calculating Damages
Our attorneys will put all of their resources and experience to work in properly evaluating what amount of compensation we believe you are owed. Calculating special damages for past losses involves a review of all related bills, invoices, etc. Recording, documenting, and gathering evidence of expenses and losses is vitally important.
Calculating potential future losses involves a bit more prediction and estimation based on what we know about your injury and what it will require in the future. General damages are often decided by a judge or jury, but we can discuss what we believe your general damages may be valued at based on our experience with cases like yours. It is of course important to note that compensation awards in personal injury cases cannot be guaranteed, but we do promise to work tirelessly for our clients until we obtain the best possible outcome.
A Custom Evaluation of Potential Compensation
As experienced personal injury attorneys, our team knows that every situation is unique. We first want to get to know you and how this injury has impacted your life, before we can start building a case to pursue compensation. For a case evaluation with our experienced Austin, TX, injury lawyers, please call Shaw Cowart at 512-499-8900.