If you have been involved in a car accident, a work injury, a slip and fall or other personal injury you may be suffering damages. There are two types of damages in personal injury cases: special damages and general damages.
Special damages are financial in nature, such as hospital bills or lost wages.
General damages are non-financial losses, which include pain and suffering, loss of consortium, defamation, and emotional distress
Your personal injury lawyer will help determine the types of damages you may be experiencing.
Pain and Suffering
If you have been involved in a slip and fall, car accident or any other type of accident, you may be experiencing pain and suffering. This is the kind of physical and/or mental loss caused by a personal injury. Pain and suffering also refers to the possible future effects of a personal injury. Keep in mind that mental pain and suffering includes negative emotions like emotional distress, anxiety, and shock. Afflictions such as sexual dysfunction, depression, and post-traumatic stress disorder also fall under mental pain and suffering.
Loss of Consortium
Perhaps medical malpractice or negligent security has lead your significant other to loose the ability to have a relationship with you or the injured person. Although this usually it applies to a spouse in a marriage, it can in some instances apply to children too. Your personal injury lawyer can help you prove loss of consortium.
Defamation occurs when another person's character or reputation is hurt. Words like libel or slander are commonly used in reference to a defamation case. Libel means that a falsehood was said with written or printed words or pictures. Slander means the same thing except that spoken words, sounds, sign language or gestures were used. Defamation can result in lost wages and pain and suffering.
Emotional distress describes the mental health issues your personal injury caused. Historically, courts awarded emotional distress only in cases where physical harm was evident. However, recent cases recognize that emotional distress can come from personal injuries in which there is little to no physical evidence such as sexual harassment or defamation. These sorts of cases usually require a mental health professional to verify the emotional distress.
Your personal injury lawyer at Joshi & Patel will assist you in evaluating the damages you are experiencing and access the settlement you may be entitled to.
**Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.