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Damages Legal Terms

Legal definitions of damages including compensatory, punitive, economic, and non-economic damages awarded in personal injury cases.

22 terms in this category

Day-in-the-Life Video

A documentary-style video that records the plaintiff's daily routine to demonstrate how their injuries have affected their ability to perform everyday activities.

Diminished Value

The reduction in a vehicle's market value after it has been damaged in an accident and repaired, compared to a similar vehicle that was never damaged.

Economic Damages

Compensation for financial losses that can be calculated with specificity, including medical bills, lost wages, property damage, and future expenses.

Funeral Expenses

The reasonable costs of burial, cremation, funeral services, and related expenses that are recoverable as damages in a wrongful death claim.

Future Medical Expenses

The projected cost of medical treatment, therapy, medication, and care that an injured person will need in the future as a result of their injuries.

Hedonic Damages

Compensation awarded for the loss of enjoyment of life, reflecting the diminished ability to participate in and enjoy the activities and pleasures that made life fulfilling before the injury.

Life Care Plan

A comprehensive document prepared by medical professionals outlining all future care needs and associated costs for a catastrophically injured person.

Loss of Consortium

A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.

Loss of Services

A claim for compensation reflecting the household, childcare, and other domestic services that the injured person can no longer perform as a result of their injuries.

Lost Earning Capacity

Compensation for the reduction in ability to earn income in the future due to injuries, even if the person is still working.

Lost Wages

Income that an injured person loses because they are unable to work due to their injuries, including salary, hourly wages, bonuses, and other employment benefits.

Maximum Recovery

Obtaining the highest possible compensation for an injury claim through thorough documentation, strong advocacy, and skilled negotiation or trial.

Mitigation of Damages

The legal duty of an injured party to take reasonable steps to minimize their losses and avoid making their injuries worse after an accident.

Multiplier Method

A common formula for estimating pain and suffering damages by multiplying the total medical expenses by a factor, typically between 1.5 and 5, based on the severity of the injuries.

Non-Economic Damages

Compensation for subjective, non-financial losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Pain and Suffering

A category of non-economic damages compensating injury victims for physical pain, emotional distress, and diminished quality of life caused by their injuries.

Per Diem Argument

A method of calculating pain and suffering damages by assigning a specific dollar amount to each day the plaintiff has suffered and will continue to suffer from their injuries.

Punitive Damages

Additional damages awarded beyond compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior in the future.

Scarring and Disfigurement

Permanent marks or changes to physical appearance resulting from injuries, burns, lacerations, or surgical procedures following an accident.

Structured Settlement

A settlement arrangement where compensation is paid through periodic payments over time rather than a single lump sum.

Survival Action

A legal claim brought by the estate of a deceased person to recover damages that the deceased suffered between the time of injury and their death.

Wrongful Death Damages

The specific types of compensation available to surviving family members when another party's negligence or wrongful act causes the death of their loved one.

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