Call or Text this number for help on your case: 813-999-4950
September 29, 2021

Types of Damages in a Personal Injury Claim

If you've suffered an injury due to another person's negligence, you may seek "damages" for those injuries by filing a personal injury claim.


What Are Damages in a Personal Injury Claim?

In legal terms, the word damages refers to the monetary compensation for injuries or losses caused by a wrongful act of a person or entity. The purpose of damages is to restore the injured person to the state they were before being harmed. However, before the plaintiff gets awarded the compensation, they need to prove the following:

  • The defendant owes the plaintiff a duty of care;
  • That duty was breached;
  • The defendant's action or inaction caused the plaintiff's injury or losses; and
  • Proof of the injuries or losses acquired.


Although there are many different types of damages, they are often divided into two basic categories: compensatory and punitive. Now let's take a closer look at these two types of compensation for personal injury claims.

Types of Damages in a Personal Injury Claim

Compensatory Damages

Compensatory damages are the most common type of compensation awarded in a personal injury claim. As the term implies, it aims to compensate the plaintiff for the losses they incurred due to their injuries.

There are two types of compensatory damages: economic and non-economic.

Economic damages are quantifiable damages that can be proven through receipts or any other documentation. These damages do not change their value regardless of who is evaluating them. Economic damages include:

  • Hospital or medical bills
  • Property damages
  • Out-of-pocket expenses
  • Lost income
  • Lost earning capacity
  • Future lost wages
  • Future medical expenses


Non-economic damages, on the other hand, are less concrete compared to economic damages. The value of these damages is subjective and depends on who's evaluating them. Non-economic damages include:

  • Pain and suffering
  • Humiliation
  • Damage to your reputation
  • Emotional distress
  • Mental anguish
  • Loss of enjoyment of activities
  • Worsening of prior injuries

Punitive Damages

Punitive damages are rarely awarded in a personal injury claim and always come in conjunction with compensatory damages. If compensatory damages only aim to seek compensation, punitive damages intend to punish the wrongdoer.

Punitive damages are awarded if the defendant is found guilty of malicious, fraudulent, and willful actions that caused harm to the other party. Punitive damages are designed to prevent the defendant from repeating the same actions again and discourage others from engaging in similar conduct.


Determining Damages

Determining the damages depends on several factors, such as the severity of the injury and the strength of the evidence in the case. In a comparative negligence state like Florida, the damages awarded are determined by the corresponding fault of both parties. This means that the compensation the plaintiff receives is reduced depending on their contribution to the accident.

If you or a loved one has been injured due to another person's recklessness, do not hesitate to seek legal help. An experienced personal injury lawyer like John C. Murrow can help you understand your rights better. John will also strive to help you receive the maximum compensation you deserve. Call John today at (813) 999-4950 for a free evaluation.


The blog published by John C. Murrow Law is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.


Attorney John C. Murrow

Auto Accident

After the car accident, your body hurts, you can’t work, you have numerous questions but don’t know what to do. Consulting attorney John C. Murrow can answer those questions.


Boating Accident

We have experience in both commercial and recreational boating accidents. Whether you, or a loved one, are injured due to a boat operator’s negligence, or any other reason – we can help.


Slip And Fall

Slip and Fall accidents can happen when one least expects it and can result in severe injury. Every case is different and we can quickly determine whether a compensable claim exists.


Pedestrian Accident

Like motorist and boating accidents, cyclist and pedestrians are susceptible to injury from other motorists often resulting in serious injury. Please contact our office for a free consultation.


Medical Malpractice

Providing informed consent to the healthcare provider does not excuse medical malpractice. If you think you may have been harmed by medical malpractice, please contact us.


Motorcycle Accident

Motorcycle accidents can cause minor to severe injuries and often death. If you, or a loved one, have experienced a motorcycle accident it is important to have legal representation immediately.


Trucking Accident

Accidents with commercial trucks and tractor-trailers raise different issues than normal automobile accidents. Mr Murrow understands the rules and regulations involving tractor-trailers.


Insurance Dispute

Often, policy holders think there is no recourse when the insurance company denies or underpays the claim. Call our office for a free consultation regarding any insurance dispute.


Product Liability

If you have been injured by an unsafe product, you may have a case against those who designed, manufactured, sold, or furnished it. We will pursue the best potential recovery.


Injury Protection

Florida Statutes provides a guideline on how the claims are submitted and paid. Often, insurance companies fail to pay the bill, fail to pay the bill properly, and fail to pay the bill timely.


Windshield Claims

John C. Murrow is one of the pioneering attorneys for assisting windshield repair and replacement businesses against insurance companies so the windshield business is paid fairly.


Wrongful Death

Florida law gives surviving family members the right to bring a legal claim against the liable party under the Wrongful Death Act. John Murrow works with families while in their darkest hour.



September 26, 2023
Tampa Personal Injury Lawyer | John C. Murrow

Welcome to the law office of John C. Murrow, a personal injury lawyer in Tampa, Florida. Our team of experienced staff and attorneys are dedicated to providing the highest quality legal services to our clients. We understand that when you are injured, you need a personal injury lawyer who will fight for your rights and […]

September 26, 2023
Florida Car Accident Lawyer | John C. Murrow 

 If you have been involved in a car accident in Florida, you need to find the best car accident lawyer in Florida to help you with your case. At John C. Murrow, we are proud to be one of the top car accident lawyers in Florida. Our team of experienced attorneys has been providing legal […]