What types of damages are available in a spinal injury lawsuit?
In a spinal injury lawsuit in South Dakota, the court may award two types of damages—economic damages and noneconomic damages. Economic damages are intended to compensate the injured party for any financial losses they have suffered as a result of the injury. These damages may include medical bills, lost wages, and future medical expenses. Noneconomic damages compensate the injured party for intangible losses, such as physical and mental pain and suffering, loss of enjoyment of life, and disfigurement. It is important to remember that the court cannot award punitive damages in a spinal injury case in South Dakota—these are meant to punish a wrongdoer for particularly egregious behavior. However, it is possible for the court to award exemplary damages, which are also intended to punish the wrongdoer, but which are meant to deter similar wrongful conduct in the future. Finally, recovery in a spinal injury case may also include damages for loss of consortium. These damages are paid to the injured party’s spouse or family member, to compensate them for the loss of the injured party’s companionship, comfort, and care. Overall, spinal injury cases in South Dakota are often quite complex and the types of damages available depend on the specifics of the case. As such, it is important to consult with an experienced personal injury attorney to ensure that all potential damages are fully explored and pursued.
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