What types of damages are available in a personal injury claim?

In Washington, personal injury claims are civil lawsuits that are executed when a person has been injured due to the negligence of another person. When making a claim for damages in a personal injury case, there are three main types of damages available, which are compensatory, punitive and nominal damages. Compensatory damages cover the actual losses that a person has suffered such as medical expenses, lost wages and pain and suffering, while punitive damages are those that are awarded in order to punish the wrongdoer. Nominal damages are the least amount of damages awarded in a personal injury claim, and they are usually awarded if the plaintiff has suffered minor losses or if the case only had minor issues. Other damages available in a personal injury claim include costs of rehabilitation, loss of earnings capacity, loss of consortium and mental anguish. Rehabilitation costs are awarded to help the plaintiff cover the costs of physical, occupational and other therapies that are necessary to help them gain back the use of any part of their body or functions that have been affected by the injury. Loss of earning capacity is when the victim is no longer able to be employed in their current position and must find a lower paying job. Loss of consortium are damages for the loss of the relationship with a spouse, and mental anguish covers physical suffering, fright and anxiety due to the injury. In summary, there are three main types of damages that are available in a personal injury claim, which are compensatory, punitive and nominal damages. Other types of damages can also be pursued, such as rehabilitation costs, earning capacity losses, consortium losses and mental anguish.

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