Types of Personal Injury Compensation/Claims: Update by New York State (NYS) Injury Attorney
Personal injury compensation is paid out as a monetary award of damages which is meant to compensate the victim for the injury and losses which they have sustained due to injuries. The personal injury compensation that can be won for a claimant falls into two major categories:
Injury Compensation – It encompasses general damages and is given to remunerate the injury victim for the pain, suffering, loss of work and inconvenience caused by the injury itself. An example of this injury compensation would be a compensation amount given to the victim of a car accident because he/she had suffered spinal cord injuries as a direct result of the defendant’s rash driving. The amount of personal injury compensation is decided by keeping in mind the pain and discomfort suffered by any individual.
Financial Compensation – Financial compensation encompasses past or future financial losses which the injury victim has sustained. These financial compensation claims include loss of earnings and the cost of medical care. A good example would be a construction worker who was unable to work for several months due to his injuries which he suffered at construction site. If he was not paid in full by his employers in his absence then the defendant will be responsible for paying his previous due wages. His medical bills would also be paid in full. In certain type of serious medical malpractice cases like Cerebral Palsy, Erbs Palsy and various types of birth injury cases, this compensation amount can reach million of dollars. The exact cost of financial compensation is decided carefully after analyzing the medical status of the victim and medical treatment which he might require to support rest of his/her medical treatment or other financial losses.