The answer is determined by your damages, which involves calculating what your injury has cost you and whether the defendant’s conduct should be punished. There are different types of compensation available after a lawsuit.
Most damages in a personal injury case are compensatory, which means they’re meant to compensate for what the plaintiff lost due to the accident or injury. These injuries can be physical, emotional, or mental.
Reimbursement for medical care you’ve already received after the injury and compensation for the estimated cost of care you’ll need in the future.
If the injury negatively affected your salary and wages, or if it will affect your ability to make an income in the future, the compensation is considered “loss of earning capacity.”
Any vehicles, clothing, or other items damaged as a result of the accident.
Pain and Suffering
Any pain or serious discomfort you suffered or will suffer as a result of the accident.
This includes the psychological impact of the injury, such as fear, anxiety, or loss of sleep.
Loss of Enjoyment
You might be entitled to this if your injury keeps you from enjoying day-to-day activities, such hobbies, exercise, or other recreational pursuits.
Loss of Consortium
You might be entitled to this if your injury negatively impacted your relationship with your spouse, such as the loss of companionship or an inability to maintain a sexual relationship.
The goal of these damages is to punish the defendant and act as a deterrent for its conduct. These occur in cases where the defendant’s conduct is considered outrageously careless. Punitive damages are awarded on top of any compensatory damages.