What are damages in a personal injury case?
Author
John L. Urban
Veröffentlicht
08.08.2025
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Court Settlement
Damages are one of three basic and equally important factors that must be considered to determine whether you may be entitled to compensation. These factors include 1) liability, 2) damages, and 3) potential sources of payment and must all be in place to have a successful case of personal injury or death due to negligence.
For a general overview of the three factors, please read this article: Three factors for a claim for compensation
Various types of damage can result from a personal injury case for which you could be entitled to compensation. In general, damage in a personal injury case can be divided into economic and non-economic damage. Economic damage, such as medical costs, lost income, and destruction of personal property, can be determined objectively because these are actual costs that have a clear monetary value.
The assessment of non-economic damage is a more subjective process. The evaluation of a permanent injury, scarring, disability, and other non-economic damage is more complicated as it involves subjective analysis, expert opinions, physical as well as psychological manifestations, etc. Particularly in cases of traumatic brain injuries, there may be numerous hurdles to overcome to prove that such damage exists and that it was caused by the accident in order to win your case. It is therefore crucial to have an experienced legal team such as Urban Thier & Federer, P.A. on your side right from the start.
The following is a list of some of the most common claims claimed in personal injury and death cases:
Medical expenses:
This includes covering all necessary medical treatments resulting from the injury, such as hospital bills, surgeries, medication costs, physical therapy, rehabilitation, and any other health care expenses directly related to the treatment of injuries sustained as a result of the accident. These amounts are refundable even if they are paid by health insurance or another insurer.
Lost income:
Compensation for income lost due to the inability to work following the accident. This may include student pay, bonuses, commissions, and other forms of income that the injured party would have earned had it not been injured and unable to work. Lost income can extend to the past and the future, depending on the severity and duration of the injuries. These amounts are also refundable even if they are paid by disability insurance or another insurer.
Pain and suffering:
Compensation for the physical and emotional stress experienced as a result of the accident. This includes the physical pain and discomfort experienced as a result of the injuries, as well as the emotional pain, emotional trauma and reduced quality of life due to the accident and its consequences. Property damage: Reimbursement for the repair or replacement of damaged items. In the event of a car accident, this covers the costs of repairing or replacing the damaged vehicle and replacing personal items destroyed or damaged in the accident (glasses, mobile phones, computers, luggage, etc.).
Permanent disability or disfigurement:
Compensation for long-term or permanent injuries that result in disability or disfigurement. This includes injuries that result in permanent physical impairment, such as paralysis or amputation, as well as disfiguring injuries that significantly change a person's appearance, and traumatic brain injuries that may not be physically visible but may have lasting and life-changing consequences.
Loss of consortium:
Compensation to compensate for loss of company, affection, support and intimacy due to injuries sustained in the accident. This concerns the impact that the injuries have on the injured party's relationship with their spouse, significant other, or immediate family, including loss of love and care.
Loss of potential future revenue:
Compensation for the income that the injured party would have earned in the future if the accident had not occurred. This is calculated based on factors such as age, occupation, education, earning capacity, and extent of injuries. In the case of deaths, this is calculated using the Social Security Office (SSA) life expectancy tables to determine the deceased's remaining life expectancy as a basis for future income and support losses.
Punitive compensation:
These are additional damages or compensation awarded in cases of extreme negligence or intentional conduct on the part of the guilty party, such as driving while under the influence of alcohol or drugs, risky conduct, or intentional cause of damage. Punitive damages are intended to punish the guilty party/defendant for their gross conduct and deter similar violations in the future. These damages are usually forgiven in cases where the defendant's conduct is reckless, malicious, or intentional.
Unfortunately, the more serious the injuries and the further away an injured party is from the scene of the accident, the more difficult it is to file a claim for compensation. The guiding mission of Urban Thier & Federer, P.A. is to help with cross-border legal matters.
If the damages are so severe that the injured party is unable to work with us effectively, we can work with the help of family members and other trusted third parties. This may include cooperation with guardians appointed by the foreign court. In cases of death, we work with survivors and the deceased's family to claim compensation for their damage. We are also aware that it may seem impossible to bring legal proceedings for damages in the United States of America from a foreign country. However, we routinely handle such cases and use the latest technology and legal innovations to ensure a smooth process with very limited or no need to travel to the United States of America.
If you would like to watch a short video by John Urban, Head of Litigation at Urban Thier & Federer P.A., on the subject of claims, please follow this link: (What are Damages? (YouTube.com))


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