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Elements of Compensatory Damages

A plaintiff’s personal injury attorney may recover medical or other expenses for his client. These damages are often referred to as “specials” or “special damages.” They include necessary medical expenses the plaintiff incurs because of the injury. However, the plaintiff is only entitled to the reasonable value of the services rendered to treat the injury.

A plaintiff’s personal injury attorney may recover physical pain and suffering or other expenses for his client.

A plaintiff’s personal injury attorney may recover lost income or other expenses for his client. If the injury prevents the plaintiff from working or generating income, he may recover these lost amounts. The plaintiff may also recover damages for loss of earning capacity. For example, if the injury prevents the plaintiff from doing the same work he did before the accident, and he has to take a new, lower paying job, he may recover the pay difference between the old job and the new one into the future.

A plaintiff’s personal injury attorney may recover mental anguish for his client.

A plaintiff’s personal injury attorney may recover future damages or other expenses for his client. These can include future medical bills, compensation for permanent injuries, lost earning capacity, etc. Generally, expert testimony will be required for the jury to be allowed to consider awarding future medical costs.