What are the different types of damages available in a maritime injury case?

In South Dakota, the damages available in a maritime injury case depend on the facts of the case and the applicable laws. Generally, maritime injury damages fall into three categories: economic, non-economic, and punitive damages. Economic damages are those that cover a plaintiff’s financial losses due to an injury, and typically include medical expenses, lost wages, and lost earning capacity. Non-economic damages are intended to compensate for the physical and emotional pain and suffering a plaintiff has suffered and includes awards for physical pain, mental anguish, and loss of enjoyment in life. Lastly, punitive damages may also be available and are intended to punish the wrongdoer and deter similar behavior in the future. In some instances, other types of damages may also be available. For example, a plaintiff may be eligible for maritime maintenance and cure, which is an award to cover living expenses and medical costs while an injured worker is receiving treatment. Additionally, a plaintiff may be able to recover damages for wrongful death if the injury resulted in the death of a family member. It is important that a plaintiff fully understand the potential damages available in a maritime injury case in order to receive a fair and just outcome. Consulting with a maritime injury attorney who is familiar with the laws in South Dakota and the legal process is the best way to ensure that a plaintiff’s rights are protected.

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