Table of contents:
Types of Damages in Maritime Accident Cases: Chicago Maritime Accident Attorney
If you’ve been injured in a maritime accident, you may be entitled to compensation for your losses. Damages in a maritime accident case can include a wide range of financial and non-financial losses. Understanding the different types of damages that may be awarded in a maritime accident case is crucial for maximizing your compensation.
Economic Damages
Economic damages are those that can be easily calculated and measured. These damages are designed to compensate for financial losses you’ve experienced as a result of the accident.
- Lost Wages: This includes past and future earnings lost due to the accident. It takes into account your current salary, potential promotions, and the time you are expected to be unable to work.
- Medical Expenses: This includes all past and future medical bills, including hospital stays, doctor visits, medications, physical therapy, and rehabilitation costs.
- Property Damage: If the accident damaged your personal property, such as your car or boat, you may be entitled to compensation for the cost of repairs or replacement.
Non-Economic Damages
Non-economic damages are more subjective and difficult to quantify. These damages are designed to compensate for the intangible losses you’ve experienced due to the accident.
- Pain and Suffering: This includes physical pain, emotional distress, mental anguish, and the impact of the accident on your quality of life.
- Loss of Consortium: This refers to the loss of companionship, intimacy, and emotional support from your spouse or partner due to your injuries.
- Loss of Enjoyment of Life: This refers to the inability to engage in activities you once enjoyed due to your injuries.
Punitive Damages
In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are intended to punish the defendant for their reckless or intentional misconduct and deter similar behavior in the future. They are typically awarded only in cases where the defendant’s actions were particularly egregious or malicious.
Factors Influencing Damage Awards, Chicago maritime accident attorney
Several factors can influence the amount of damages awarded in a maritime accident case.
- Severity of Injuries: The more severe your injuries, the higher the potential damage award.
- Length of Treatment: The longer your recovery period, the higher the potential damage award for medical expenses and lost wages.
- Age and Life Expectancy: Younger victims with a longer life expectancy may receive higher awards for future lost wages and non-economic damages.
- Degree of Fault: The degree to which the defendant was at fault for the accident will impact the amount of damages awarded.
- State Laws: The laws of the state where the accident occurred can also impact the amount of damages available.
Calculating Damages
Calculating damages in a maritime accident case can be complex. The process typically involves:
- Gathering Evidence: This includes medical records, wage statements, bills, and other documentation to support your claims.
- Expert Testimony: Experts, such as medical professionals, economists, and vocational rehabilitation specialists, may be needed to provide testimony on your injuries, lost wages, and future earning capacity.
- Negotiations: Your attorney will negotiate with the defendant’s insurance company or legal team to reach a fair settlement.
- Trial: If a settlement cannot be reached, the case may go to trial, where a judge or jury will determine the amount of damages you are entitled to.
Examples of Damage Calculations
- Example 1: A 35-year-old longshoreman is injured while working on a cargo ship. He suffers a back injury that requires surgery and months of rehabilitation. He is unable to work for six months and incurs $50,000 in medical expenses. His lost wages are $30,000. He may also be entitled to damages for pain and suffering, loss of enjoyment of life, and future lost wages, depending on the severity of his injuries and his prognosis.
- Example 2: A family is involved in a boating accident that results in the death of their loved one. In addition to funeral expenses, they may be entitled to damages for loss of companionship, loss of support, and emotional distress.
