The assessment of damages is very important in malpractice and personal injury
litigation. The claimant has the burden of proving the types and amount of damages suffered. Types of damages are:
- Compensatory: to compensate for the actual damages suffered by the plaintiff
- Economic damages: these may be medical expenses, loss of earnings, and funeral expenses.
- Non economic damages: they include damages due to “pain and suffering”, “loss of companionship”, and loss of “enjoyment of life”.
- Punitive damages: they are awarded in order to punish the defendant for reckless or negligent conduct. It has to be proved that the defendant intentionally injured the victim. It is meant to discourage similar behavior from other people.
In an employment case, a plaintiff may seek economic damages for "back pay" (wages lost between the time of a wrongful termination and the time of the verdict) and "front pay" (wages that are likely to be lost in the future, as a result of the loss of the job).
In personal injury cases, the court examines the plaintiff's earning capacity before and after the defendant's conduct. The factors which are taken into consideration are the person's age, physical and mental health, educational background, job skills and aptitude.
The calculation of damages due to “pain and suffering” does not have any clear norms. Your attorney plays a significant role in this. If he is able to convince the jury of your suffering, and its adverse impact on your overall life, you can be awarded significant damages. |
