What kind of damages can I recover?
Asked by: Susan Jerde | Last update: February 15, 2026Score: 4.1/5 (62 votes)
You can generally recover Compensatory Damages (economic for financial losses like medical bills, lost wages, property damage, and non-economic for pain, suffering, emotional distress, disfigurement) and sometimes Punitive Damages (to punish extreme defendant behavior) in personal injury or contract cases, aiming to make you whole or punish wrongdoing, but the specifics depend on the legal situation, with a lawyer essential for maximizing recovery.
What damages are recoverable?
They include:
- Medical treatment. Past, present, and future medical care and treatments associated with the accident. ...
- Income loss. Compensation for the work wages you've lost, as well as the money you would have been able to earn in the future if not for the accident. ...
- Property loss. ...
- Legal fees.
How much will I get from a $25,000 settlement?
From a $25,000 settlement, you'll likely get significantly less than the full amount, often around $8,000 to $12,000, after attorney fees (typically 33-40%), case costs (filing fees, records), and medical bills/liens are paid, with the exact amount depending on how much your lawyer charges and the total medical expenses you owe.
What types of damage can be claimed?
General damages can be awarded for a variety of different claims, including:
- Personal injury claims.
- Public liability claims.
- Road traffic accident claims.
- Medical negligence claims.
Which damages are not recoverable?
Direct damages are the easiest to foresee. For this reason, special damages are not usually recoverable. Special damages are meant to compensate the innocent party for injury or loss that is indirectly related to the breach.
What Kind of Damages Can I Recover?
What is damage that Cannot be compensated?
Irreparable injury refers to a type of harm or loss that cannot be adequately remedied through monetary compensation. This means that when someone suffers an irreparable injury, no amount of money can restore them to their previous state.
What are the six types of damages?
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What are the 13 damage types?
The 13 damage types, most notably from Dungeons & Dragons 5th Edition, are acid, bludgeoning, cold, fire, force, lightning, necrotic, piercing, poison, psychic, radiant, slashing, and thunder, offering a diverse system for combat effects beyond simple physical harm, with variations existing in other games like World of Warcraft (Arcane, Fire, Frost, Nature, Shadow) or Destiny (Kinetic, Solar, Arc, Void, Stasis, Strand).
What are the four main types of damages?
The four main types of legal damages are Compensatory (to cover actual losses like medical bills, lost wages), Consequential (indirect but foreseeable losses, like lost profits), Punitive (to punish egregious behavior), and Nominal (symbolic awards for rights violated without major harm). Sometimes, Liquidated damages (pre-set amounts in contracts) are also considered a key category.
What to do with a $200,000 settlement?
What Do I Do if I Have a Large Settlement?
- Hire a Financial Advisor.
- Prepare for Potential Tax Implications.
- Build an Emergency Fund and Get Out of Debt.
- Consider Potential Investment Opportunities.
- Get Access to Your Settlement Funds as Soon as Today.
- Call Our Loan Specialists at High Rise Financial for Help Today.
How much compensation for anxiety after a car accident?
Compensation for anxiety after a car accident varies widely, from a few thousand dollars for mild, temporary stress to over $100,000 for severe PTSD or chronic conditions, depending on diagnosis, treatment costs, and impact on life, with severe cases often involving ongoing therapy, diagnosis, and documentation. Amounts are calculated as non-economic damages (pain and suffering) using methods like multipliers or per diem, and require strong medical evidence to prove the accident caused the anxiety.
What is a reasonable settlement offer?
A reasonable settlement offer is one that fully covers all your economic losses (medical bills, lost wages, future costs) and compensates fairly for non-economic damages (pain, suffering, emotional distress), reflecting the unique strengths and weaknesses of your case, including potential liability and venue. It's generally much higher than an initial offer and requires understanding your full, long-term damages, ideally with legal and financial expert input, to avoid underestimating your true costs.
What are the five types of damages?
There are five important types of damages that might be available, depending on your situation: compensatory damages, specific performance, an injunction, liquidated damages, or rescission. If you are dealing with a potential breach of contract, you probably need legal advice on what you should do next.
Can you recover legal costs as damages?
If, in consequence of a legal wrong, a party incurs legal costs unrelated to litigation, there is no reason, in principle, to treat those costs any differently from other expenses caused by the wrong: the costs of repairs, replacement of damaged goods, medical treatment, travel or any other item of special damages.
What are the 4 claims of negligence?
In a personal injury case based on negligence, a victim must establish the four elements of negligence to receive compensation for their injuries. These elements are duty of care, breach of duty, causation, and damages.
How to prove damages in court?
To sum up, to prove damages in a personal injury case, we have to prove with a reasonable degree of certainty that the defendant(s)' actions caused our client's injuries. Circumstantial evidence is sometimes enough to demonstrate this causation, but the evidence has to be persuasive to a jury.
What type of damages are awarded?
The categories or types of damages that may be awarded include compensatory (covering both economic and non-economic losses) and punitive damages, which are meant to punish misconduct and deter others from similar actions. Amounts and availability vary by case and jurisdiction.
What are damages for pain and suffering?
However, what qualifies as pain and suffering in legal terms can vary slightly depending on the state. In general, this category of damages includes physical pain and an array of psychological impacts, such as mental anguish, loss of life enjoyment, depression, and anxiety.
What is considered severe damage?
More Definitions of Severe damage
Severe damage means damage requiring either outright replacement or major reconstruction of the Equipment and Inventory before it can be used again for its intended purpose.
What is the true damage type?
"True Damage" is a special damage type which is not Physical nor Magic. It can be boosted by generic damage buffs. It can be boosted by a percentage of both Physical Attack and Magic Power.
What is necrotic damage?
'Necrotic damage, dealt by certain undead and some spells, withers matter and even the soul. ' Also known as: corruption,entropy, enervation, soul drain, negative energy.
What damages can be awarded in a civil lawsuit?
A review of California civil damages, especially as they pertain to civil-rights cases
- Damages for wrongful death. ...
- Economic damages. ...
- Non-economic damages. ...
- Punitive damages. ...
- Pain and suffering damages. ...
- Damages in federal court. ...
- Nominal damages. ...
- Bane Act damages.
What is a damages claim?
If an item causes damage to your property through no fault of your own, you may have a legal right to claim compensation (also known as claiming 'damages'). For example, you may be able to claim compensation if your washing machine starts leaking and damages your kitchen floor.
What are moral damages examples?
Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.