A personal injury case allows an accident victim the opportunity to recover financial compensation (or damages) and be made whole again by holding an at-fault party accountable. The types of damages available to a claimant depend on the circumstances. Working with an experienced personal injury attorney in Wilmington, NC can help you get the most out of your claim with a smart legal strategy. Schedule a free consultation to seek compensation today.
Compensatory Damages
The main type of damages awarded in personal injury law are compensatory. As the name suggests, they are granted to compensate a victim for accident-related losses, including truck and car accidents in Wilmington. A defendant or accused party may have to pay compensatory damages to a victim for causing their injuries through negligence, or a breach of the duty of care. There are two types of compensatory damages: economic and non-economic.
Economic Damages
Economic damages describe tangible, financial losses suffered by the victim. They are also called specific damages, as they are unique to each individual and specific in their values. Economic damages can include:
- Past and future medical bills
- Surgeries, rehabilitation and physical therapy
- Medications and medical devices
- Lost wages, income and employment benefits
- Lost future capacity to earn a living
- Permanent scarring, disfigurement or disability
- Property damage repairs or replacement
- Travel, transportation and out-of-pocket costs
Calculating economic damages takes evidence such as bills, receipts, wage statements and property repair estimates. Creating a paper trail of your expenses can help you collect a fair amount in economic damages.
Non-Economic Damages
Non-economic damages are intangible losses that impacted the victim but do not have a specific value. They are also known as general damages. Examples include:
- Physical pain and suffering
- Chronic pain
- Emotional distress
- Mental harm or mental health conditions
- Anxiety or depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Loss of consortium
Placing a fair value on non-economic damages is difficult, as they do not come with specific bills or numbers. Instead, they are calculated based on the severity of the injuries, the effects on the victim’s daily life, and the degree of pain and suffering.
Punitive Damages
In rare cases, a court in North Carolina may also award a victim punitive or exemplary damages. This is an additional amount sometimes assigned on top of compensatory damages to punish the defendant for egregious acts of misconduct.
In North Carolina, the law states (§ 1D-15) that punitive damages can be given if the plaintiff proves with “clear and convincing evidence” that the defendant acted with fraud, malice, or willful or wanton conduct. If there is proof of recklessness, gross negligence or malicious intent to harm, this could lead to a punitive damage award.
What Decides the Value of a Wilmington Personal Injury Claim?
How much you could potentially recover as a personal injury victim in North Carolina will vary depending on the facts of your case. Many factors can influence the total amount awarded in damages, such as:
- Injury severity
- Cost of medical expenses
- Insurance available and policy limits
- Number of defendants
- Comparative negligence
- Damage caps
A personal injury accident can alter your life forever, but fair financial compensation can make it easier to move forward and recover. To find out how much your claim might be worth, contact Shipman Wright & Moore, LLP for a free consultation.