Types of Compensation Available in Personal Injury Cases
When someone suffers an injury due to another’s negligence, the legal system allows victims to seek compensation for the losses they sustain. The compensation awarded in personal injury cases aims to restore injured parties as closely as possible to their pre-accident state and to deter the type of conduct that lead to the injuries. This article will generally explain some of the types of compensation available in personal injury cases and why this information is crucial for anyone navigating the recovery process.
What Is Compensation in a Personal Injury Case?
Compensation refers to the amount of money needed to fairly pay and a victim of personal injury to address all of the impacts the injury has, including financial, physical, and emotional impacts. These damages are often divided into two main categories: economic damages and non-economic damages. In some cases, punitive damages may also be available. Economic damages address the quantifiable financial losses an injured party incurs. These damages are straightforward to calculate and often involve direct documentation such as receipts, invoices, and pay stubs.
Common Types of Economic Damages:
- Medical Expenses: Covers hospital bills, doctor visits, medication, rehabilitation, and any ongoing treatment required for the injury. These can include both past (already incurred) and the costs for future medical that may be needed.
- Lost Wages: Reimbursement for income lost due to time away from work while recovering.
- Loss of Earning Capacity: Compensation for future income the victim cannot earn due to long-term or permanent injuries. If an injury limits your capacity to earn money, such damage is recoverable.
- Property Damage: Reimbursement for the repair or replacement of personal property, such as a vehicle damaged in an accident.
- Out-of-Pocket Expenses: Includes costs like transportation to medical appointments or hiring help for household tasks during recovery
Non-economic damages compensate for the intangible losses that result from an injury, sometimes known as “human losses”. These damages focus on the emotional and personal consequences of an injury that are often incredibly significant.
Common Types of Non-Economic Damages:
- Physical Pain: As the term implies, this is compensation for the physical pain and caused by the injury.
- Mental Suffering: This can include any number of ways in which an injury mentally impacts a person.
- Loss of Enjoyment of Life: Damages awarded when an injury limits the victim’s ability to engage in hobbies, recreation, or daily activities they once enjoyed or otherwise impacts their quality of life.
- Emotional Distress: Addresses psychological impacts such as anxiety, depression, or trauma resulting from the incident.
- Anxiety: Personal injuries can lead to anxiety, and the law requires a person be fully compensated for it.
- Humiliation: Can include all forms of humiliation or embarrassment that may result from a personal injury.
- Loss of Consortium: Compensation available to the spouse of the injured person for the loss of companionship, care, or support.
Punitive Damages:
Unlike economic and non-economic damages, punitive damages are not designed to compensate the victim directly. Instead, they aim to punish the responsible party for particularly egregious behavior and set a precedent to deter similar actions in the future. In North Carolina, punitive damages are generally awarded in cases involving willful or wanton conduct, fraud, or malice.
Factors That Influence Compensation Amounts
The total potential compensation in a personal injury case depends on several factors:
- Severity of the Injury: More severe injuries typically lead to higher compensation due to increased medical costs, greater pain and suffering, and long-term impacts.
- Permanency: Someone faced with a lifetime of injury or its effects requires more compensation.
- Evidence: Strong documentation and expert testimony often increase the likelihood of receiving fair compensation.
Why Legal Representation Matters
Navigating a personal injury claim can be challenging without experienced legal guidance. Insurance companies often aim to minimize payouts, and understanding the full scope of your damages is crucial to pursuing fair compensation. An experienced attorney will investigate your case, help ensure your rights are protected, and advocate for the maximum recovery you are entitled to under the law.

Personal Injury Attorneys Perry Fisher (left) and Brad Stark (right)
Contact Fisher Stark P.A. for Help
If you or a loved one has been injured, Fisher Stark P.A. is here to help. Our team has decades of experience securing full and fair compensation for our clients. Visit our contact page or call us today at 828-505-4300 to schedule a free consultation.