DAMAGES & COMPENSATION
11 legal terms in this category, with plain-English definitions and real-world car accident examples.
Bodily Injury
Physical harm to a person's body caused by an accident. Bodily injury claims cover medical expenses, lost wages, and pain and suffering.
After being hit by a distracted driver, you suffer a broken collarbone and torn rotator cuff. These are bodily injuries that entitle you to compensation.
Damages
The money you're entitled to receive as compensation for your losses after an accident. Damages can be economic (medical bills, lost wages) or non-economic (pain, suffering).
Your damages from a rear-end collision include $25,000 in medical bills, $10,000 in lost wages, and $30,000 for pain and suffering, totaling $65,000.
Diminished Value
The loss in your vehicle's resale value after it has been repaired from accident damage. Even with perfect repairs, a car with an accident history is worth less.
Your car was worth $30,000 before the accident. After $12,000 in repairs, its resale value drops to $22,000. You can claim $8,000 in diminished value.
Emotional Distress
Psychological harm caused by the accident, including anxiety, depression, PTSD, sleep disturbances, and fear of driving. It's a compensable non-economic damage.
After a violent T-bone collision, you develop PTSD. You have nightmares, panic attacks in cars, and can't drive on highways. These are compensable emotional distress damages.
General Damages
Non-economic losses that don't have a specific dollar amount, such as pain and suffering, emotional distress, and loss of enjoyment of life.
After a serious collision, you can no longer play with your kids or sleep through the night due to chronic pain. These quality-of-life losses are general damages.
Loss of Consortium
A claim by your spouse for the loss of companionship, affection, intimacy, and support they've suffered because of your accident injuries.
Your spouse files a loss of consortium claim after your traumatic brain injury leaves you unable to participate in family activities or maintain your relationship as before.
Loss of Earning Capacity
Compensation for the reduction in your ability to earn money in the future due to your accident injuries, even if you haven't lost a specific job yet.
A construction worker suffers a permanent back injury in a crash that prevents heavy lifting. Even though he finds lighter work, he can claim the difference in lifetime earnings.
Pain and Suffering
Compensation for the physical pain, emotional distress, anxiety, depression, and reduced quality of life caused by your accident injuries.
Beyond your $30,000 in medical bills, you claim $60,000 in pain and suffering for months of chronic neck pain, insomnia, and the anxiety you now feel every time you drive.
Property Damage
Damage to your vehicle and personal belongings caused by the accident. This is separate from your bodily injury claim.
The other driver's insurance pays $12,000 to repair your car, $800 for your damaged laptop that was on the passenger seat, and $200 for your child's car seat that must be replaced.
Punitive Damages
Extra money awarded to punish a defendant for especially reckless or intentional behavior, beyond what's needed to compensate you for your actual losses.
A drunk driver with three prior DUIs crashes into your car at 90 mph. The jury awards $200,000 in compensatory damages plus $500,000 in punitive damages to punish the extreme recklessness.
Special Damages
Economic losses with specific dollar amounts that can be documented, such as medical bills, lost wages, prescription costs, and property damage.
Your special damages include $35,000 in hospital bills, $8,000 in lost wages from missing 6 weeks of work, $2,000 in physical therapy, and $500 in prescription medications.
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