When a person ends up in an accident he or she can claim damages for the injury suffered from the party who was at fault.

Compensatory damages: Compensatory damages are designed to place a victim in the position he or she would be in if the injury had never occurred. These are awarded to injured people as a way to restore them to the condition financially, physically and emotionally before the accident. Compensatory damages may be divided into two categories: damages that compensate victims for monetary losses, also known as special damages, and damages that compensate victims for non-monetary losses, also known as general damages.

Monetary Losses: Medical expenses: includes the costs of both past and future medical care and rehabilitation. Future costs are calculated by estimating the patient's medical needs for the rest of his or her life expectancy.

Costs of living with a disability: A disabled person has to change his normal lifestyle. Damages may cover the costs associated with this change. The award may compensate a victim for the costs of renovating a house to make it wheelchair-accessible, or the costs of in-home nursing care or assistance.

Lost wages: A victim may recover past and future lost of wages or any lost while recovering from an injury, as well as any lost of earning capacity suffered as a result of an injury or death. This also includes future earning capacity.

Repair or replacement of property: An aggrieved party may recover the costs of property damage suffered in an accident. Property is valued at its fair market value at the time of the injury.

Funeral expenses: The family of the deceased person may recover the costs of any funeral expenses.

Non-Monetary Losses

Pain and suffering: Past and future pain and typically include compensation for actual physical pain as well as compensation for emotional distress, sleepless nights and social humiliation.

Loss of consortium: Spouses of personal injury victims may receive damages for the loss of the emotional and intangible elements of marriage, such as loss of affection, solace, comfort, companionship, society, assistance, and sexual relations.

Punitive Damages

Punitive damages are designed to punish the defendant and set an example to the public for inflicting the victim's injuries and to deter others from engaging in similar behavior. It will be awarded when the conduct of the guilty party is shocking and outrageous. They are not awarded in every case.

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