After an accident, the injured party may be compensated for their injuries or for damage to their vehicle of property, but there’ usually more to a claim beyond the obvious. Compensatory damages seek to reimburse or compensate an injured party for the harm they have suffered, and are available in almost all personal injury cases — including auto accidents, medical malpractice, and slip and fall cases.

General Compensatory Damages

General damages compensate an injured individual for non-monetary damages incurred in an injury claim. They are called general damages because they address harm that is typically or “generally” sustained in an injury. All personal injury victims are expected to have at least some general damages. The most common types of general damages are:

  • pain and suffering
  • mental anguish, and
  • loss of consortium or companionship

Special Compensatory Damages

Special damages compensate for monetary expenses incurred because of an injury. They are unique to the individual victim and vary significantly from one party to the next. An award of special damages should make a victim whole for expenses incurred or for money lost due to the incident or accident that caused their injuries. Some of the more common types of special damages are:

  • loss of earnings
  • loss of future earnings
  • medical bills
  • cost of future medical care
  • household expenses, and
  • costs associated with cancelled trips or altered plans

Wrongful Death Damages

A wrongful death claim provides damages for surviving family and loved ones. The most common wrongful death damages include:

  • funeral and burial expenses
  • cost of pre-death medical care
  • emotional distress of surviving family and loved ones
  • loss of financial contribution
  • loss of services and support, and
  • loss of companionship and consortium

Punitive Damages

Punitive damages are only awarded to an injured plaintiff when the wrongful behavior of the defendant was despicable or reprehensible. A common scenario where punitive damages are awarded arises when a defendant is found guilty of wanton or malicious acts or of fraud. These acts might include aggravated battery, sexual assault, or fraudulent behavior that causes widespread financial harm.  

The Law Offices of Dussault & Zatir