MONEY DAMAGES IN A PERSONAL INJURY CASE

There are two types of damages in a personal injury case: economic damages and non-

economic damages.

 

Connecticut Jury Instructions Section 3.4-1 explained in part below, explains damages: 

In a personal injury action, there are two general types of damages with

which you must be concerned:  economic and noneconomic damages.

 

Economic damages are monies awarded as compensation for monetary

losses and expenses which the plaintiff has incurred, or is reasonably

likely to incur in the future, as a result of the defendant’s negligence.

They are awarded for such things as the cost of reasonable and

necessary medical care and lost earnings.

The plaintiff is entitled to recover the reasonable value of medical

care and expenses incurred for the treatment of injuries sustained as a

result of the defendant’s negligence.   A plaintiff is also entitled to recover

any loss of earnings or earning capacity that (he/she) proves to have been

proximately caused by the defendant’s negligence

 

Noneconomic damages are monies awarded as compensation for non-

monetary losses and injuries which the plaintiff has suffered, or is

reasonably likely to suffer in the future, as a result of the defendant’s

negligence.  They are awarded for such things as physical pain and

suffering, mental and emotional pain and suffering, and loss of

diminution of the ability to enjoy life’s pleasures.

A plaintiff who is injured by the negligence of another is entitled to

be compensated for all physical pain and suffering, mental and emotional

suffering, loss of the ability to enjoy life’s pleasures, and permanent

impairment or loss of function that (he/she) proves by a fair

preponderance of the evidence to have been proximately caused by the

defendant’s negligence

If you (a jury) find that it is reasonably probable that (he/she) has

suffered permanent physical harm, loss of function or disfigurement, the

plaintiff is entitled to be compensated for that category of injury.

 

Several important things to note

        

A jury is only required to aware the reasonable value of medical care, to an injured

person (the plaintiff).    A jury can decide that some or all of the medical care is not

reasonable and refuse to award the full amount of the medical care. 

            A jury has a lot of discretion to determine the amount of an award for pain and

suffering.   In general, in a motor vehicle accident case, the amount of money awarded for

pain and suffering will be related to the extent of damage to an injured party’s motor

vehicle.   The greater the impact, the more likely a jury will believe that a person has been

injured, and the greater the likely injury.

If you have any questions, or Attorney Singer can be of assistance, you can reach him at

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

 

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