Understanding Compensation In Personal Injury Cases: What Can You Make a Claim for In Delaware?

The need to be compensated after an injury as a result of someone’s negligence is justified and often essential for recovery. One thing to keep in mind is that claiming compensation is not only about receiving money from the at-fault party. It is about you restoring your financial state to how it was and how it would have been if the incident had not occurred.

In Delaware, personal injury claims cover a wide range of losses, but what exactly can you claim for? 

What is Compensation in Personal Injury Law?

Compensation is the financial reimbursement or reward given to the victim (the plaintiff) of an accident caused by the at-fault person’s negligence or intentional wrongdoing. “Compensation is meant to help the victim recover what they have lost, cover what they have suffered, and support any future needs resulting from the injury,” says Sheldon Saints of The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya. Compensation is highly recognized and essential under different personal injury laws.

To get compensation, a claim is filed, and the monetary reward is negotiated between the victim and the at-fault parties, their insurance provider, and personal injury attorneys. In cases where the negotiated injury settlement is contested, the claim is tried.

Types of Compensation

There are three types of compensation recognized in personal injury law:

• Economic Compensation

Commonly referred to as economic damages or special damages, economic compensation financially compensates the victim for the amount spent and financial losses incurred as a result of the accident-related injury. These losses are tangible as they are measurable and can be proven through documentation such as receipts, bills, or pay stubs.

• Non-Economic Compensation

Also referred to as general damages, non-economic compensation financially compensates the victims for the physical, emotional, and psychological toll resulting from the accident-related injury. Because a price tag or monetary value cannot be placed on this, they are referred to as intangible losses. Calculating general damages is complex, as it is impossible to precisely measure the pain, suffering, and emotional distress the victim is experiencing.

• Punitive Compensation

This type of compensation is rarely awarded in Delaware and is far less common than economic or non-economic damages. This compensation does not financially compensate the victim; instead, it penalizes the at-fault party for their reckless, malicious, and intentional conduct. This compensation aims to hold the at-fault party accountable and discourage others from engaging in similar conduct. While it does not directly reimburse the victim, it can offer a sense of justice.

What Can You Make a Personal Injury Claim For?

In Delaware, some of the personal injury claims you are entitled to make include:

1. Medical Expenses

You can claim compensation for all medical costs incurred as a result of the accident-related injury. This includes hospital bills, emergency care, surgery, prescription medications, physical therapy, and any ongoing or future treatment related to the injury. It does not matter if it is for a minor injury, as long as you spent money on medical expenses, making a claim and getting compensated may be possible.

2. Lost Wages

Missing work due to incident-related injuries is a sufficient reason to file a claim for compensation for lost income. You may also be able to claim loss of future earning capacity if your ability to work has been permanently affected.

3. Pain and Suffering

Pain and suffering are among the frequently filed personal injury claims in Delaware. While it is harder to quantify or put a dollar value on, it is a claim that is highly valid. So, if you are experiencing physical pain, emotional stress, mental health decline, reduced quality of life, or ongoing complications, you can make a personal injury claim. Anxiety, PTSD, depression, insomnia, and other physiological effects resulting from the accident are claim-filing worthy.

4. Property Damage

If the incident resulted in damage to your belongings, such as a car, you can include repair or replacement costs in your claim.

5. Out-of-Pocket Costs

Expenses such as travel to medical appointments, home modifications, or hiring assistance during recovery may also be eligible for claim.

6. Loss of Consortium

This applies when your injuries affect your relationship with your spouse or family, physically, emotionally, or intimately.

Conclusion

To succeed in your claim, it is essential to document your losses thoroughly and seek legal advice early. Each case is unique, and a skilled attorney can help in determining and measuring your claim’s worth.