There are basically two types of damages for which an individual can recover, compensatory damages and punitive damages. Compensatory damages in a personal injury case involve compensating the carelessly injured party for personal injuries that they sustained depending on their extent and duration, whether they are permanent, the extent to which they affect the overall physical and mental wellbeing of the person, whether there was any disfigurement or embarrassment associated with disfigurement, past and future medically related expenses, loss of earnings, and other miscellaneous expenses. Additionally, an individual can be compensated for lost earning capacity, which is the inability to work at the same level or in the same position that they would have had the accident not taken place.
The second type of primary damages for which an individual can recover are punitive damages. Punitive damages are damages that are awarded in order to punish the wrongdoer for behaviors that are outrageous and designed to either intentionally harm the individual were so reckless and wanton that the likelihood of harm was foreseeable.