5 Types Of Compensation In A Personal Injury Lawsuit

Compensation by Nick Youngson CC BY-SA 3.0 Pix4free

Personal injuries come in many forms. They can be caused by a car accident, slip and fall or even an assault. The law recognizes that people who are injured deserve compensation for their pain and suffering, as well as any medical bills they incur.

The plaintiff must prove that he or she was harmed through no fault of their own. Because of this, there are usually some complications when it comes to interacting with insurance companies and finding receipts for everything.

Personal injury lawyers work to help clients recover the money they need to pay off their medical expenses and other costs associated with their injuries. Personal injury lawyers are not necessarily paid on a contingency basis, meaning that they do not get paid unless you win your case.

However, it is common for them to receive a percentage of whatever amount you recover from your insurance company. Your personal injury lawyer is there to help you through the entire process and get you the compensation that they deserve. These are five types of compensation within a personal injury lawsuit.

5 Types Of Compensation In A Personal Injury Lawsuit
Compensation by Nick Youngson CC BY-SA 3.0 Pix4free

1. Special Compensatory Damages

Firstly, your legal case can be settled with special compensatory damages, which includes financial compensation for physical injury. The total amount and the estimated price range varies significantly from case to case.

This is because it depends on the type of personal injury which has occurred and the extent of the damage. For more detail, including information about the different types of special compensatory damages, check out these personal injury attorneys.

Because special compensatory damages has such a huge amount of variation in terms of what it covers, it is worth considering the range of categories within the name. These include lost wages, property damage, repair, and replacement costs.

For example, if your car was broken into or stolen, then you can seek compensation. You can also get compensation in this way if you have had to spend a period of time not working while you were recovering from a personal injury.

2. General Compensatory Damages

Another common form of compensation within personal injury lawsuits is known as general compensatory damage. Although the compensation for these are still seen in monetary value, the initial damage caused by the personal injury was not something financial.

The costs are more challenging to quantify because they include loss of enjoyment in life and other things which are more challenging to quantify. Because of this, these are known as general compensatory damages.

Some of the most common forms of compensation within this category are likely to apply if the events of a personal injury impacted your quality of life, or if there was a large amount of pain and suffering which followed.

3. Medical Compensation

While this is technically categorized under special compensatory damages, medical compensation is one of the largest areas where individuals receive compensation following a personal injury lawsuit.

This is a little more complicated than other areas of compensation because there is a higher amount of variation that occurs. Depending on the type of personal injury and the specialist services which are recommended, personal injury lawyers can secure financial aid in terms of medical treatment for your past and future.

Emergency services can increase your total bill at the end of your hospital stay as well, so it is worth keeping a record of everything when possible.

4. Wrongful Death Damages

Another form of compensation which can be achieved with a personal injury lawsuit is wrongful death. This is a combination of special and general compensatory damages, and normally covers funeral and burial costs.

Like the name suggests, this compensation covers loved ones in the unfortunate event of someone’s death following an incident caused by someone else’s negligence. Surviving family members close to the victim usually receive this compensation.

Depending on the situation and the way in which the personal injury events panned out, wrongful death damages can attempt to cover many things. These include the emotional distress of losing a family member, costs of medical care before the events of their death, loss of financial contribution, and loss of companionship.

While there isn’t really a set price that can make up for the death of a loved one, it is somewhat reassuring to know that there is some form of compensation for this event. For some, it can soften the blow of everything, while others put the money away for the future.

The idea is that you can begin the healing process and start to move on with your life as much as possible.

5. Punitive Damages

Finally, punitive damages are slightly different from the other types of compensation at the end of a personal injury lawsuit. This is because they have been designed to make the antagonist suffer in some way.

They are normally found to have deliberately harmed or inconvenienced the other party. Punitive damages are typically only given when someone’s actions are deemed reprehensible or despicable in court.

Punitive damages are also used when the judge does not feel like the party responsible for a person’s injury or wrongdoing is not being made to suffer. Making them pay for their wrongdoings is usually done in accompaniment with other forms of compensation, although it is seldom used in most cases.

The idea behind punitive damages is to prevent the antagonist from making the same mistakes again in the future, and giving the plaintiff a chance to seek a little closure at the end of their personal injury lawsuit.


There are a range of compensation types when it comes to personal injury lawsuits, and it is worth being aware of them. This can allow you to speak with your lawyer in a well-informed way, and understand the entire process a little better.

Like the name suggests, every personal injury lawsuit is completely unique. There is a great deal of variation between each case that it can be hard for lawyers to stay on top of. Make sure you are making the most informed decisions about your future when you are speaking with your personal injury lawyer.

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