Whether you are the victim of a motor vehicle accident, slip and fall, or a defective product, you are entitled to compensation (called “damages”) for your injuries. Damages represent a judge or jury’s attempt to value your loss and compensate you for your injuries. Broadly speaking, the general classification of damages includes compensatory damages (special and general damages) and punitive damages. The process of calculating damages in any particular lawsuit can be complex. This blog post provides a general overview of damages in personal injury lawsuits in Kansas. However, the best way to learn about the types of compensation available in your case is to speak to an experienced Kansas personal injury attorney.
The purpose of compensatory damages is to place the injured victim in the position that he or she would have been if not for the accident. This might sound straightforward. However, it can be complicated particularly when calculating a form of loss that is intangible or that involves complex calculations of future lost earnings reduced to present value. There are certain types of loss for which a person cannot truly be “compensated”, such as a lost sense of safety, freedom from pain, loss of the full use of one’s limbs, or a diminished quality of life. A skilled Kansas personal injury attorney, sometimes with the help of an economic expert, will help a judge or jury assign a value to such intangible, and in some sense irreplaceable, forms of loss.
Fortunately, many forms of compensatory damages often are reasonably easy to quantify. “Special damages” in a personal injury lawsuit are also sometimes referred to as “economic damages”. These include the following:
- Past and current medical bills
- Future medical expenses
- Rehabilitative therapy
- Property damage (i.e. damage to your vehicle and its contents)
- Lost wages
- Lost anticipated future earnings
- Funeral and burial expenses
“General damages” cover losses that are harder to quantify but often are more substantial. The loss of the love and support of a family member and the ability to engage in ordinary daily activities are losses that are harder to quantify. However, the value of such a loss far exceeds the value of mending bones or repairing a motor vehicle. General damages are designed to address intangible loss of this type, such as:
- Pain and suffering
- Loss of consortium (loss of love, emotional support and services of a spouse)
- Mental anguish
- Loss of enjoyment of life
In some cases, a court does more than try to just compensate an injury victim for his or her loss. A court may award “punitive damages” to punish or discourage conduct that is particularly egregious. Kansas permits punitive damages if it is shown by “clear and convincing” evidence that the wrongdoer’s conduct was “wanton, willful, fraudulent or malicious”.
Admittedly, no lawsuit can truly put an injury victim in the position that they would have been in prior to an accident, particularly where the injury victim suffers catastrophic or permanent injuries. However, an experienced Kansas personal injury attorney can help you pursue the maximum financial compensation to which you are entitled under law. If you have been injured and have more specific questions about compensation and damages, our experienced personal injury attorneys can provide more information based on the specific facts and circumstances of your case. Our experienced Kansas City Car Accident Lawyers at Hubbard and Kurtz L.L.P. have over 80 years of collective legal experience. We offer a free consultation to evaluate your case, so we invite you to call us today at 877-535-1163 or email us to schedule a time to discuss your car accident claim.