| Sixteen year old Sally is southbound on I-5 near | | | | circumstances or conditions." Special damages are |
| Eugene, Oregon. She hears a ring and knows she has | | | | easily quantifiable. In a bodily injury case three |
| just received a text message. After rustling through | | | | important special damage components are medical, |
| her purse, she finds her phone and checks the | | | | lost income, and household services. |
| message. Her best friend Jane, back in Washington, | | | | Medical Expenses |
| has just seen Steven, Sally's latest crush, at the | | | | This includes hospital visits, prescriptions, and neck |
| Vancouver Mall. | | | | braces. Medical expenses need to be reasonable and |
| "Should I talk to him?" Jane wants to know. | | | | necessary. Juries may trim down the medical |
| Sally has to be in Ashland in three hours so stopping is | | | | expenses they consider excessive. If Farmer Tom ran |
| out of the question. And besides, she has no problem | | | | up a $10,000 chiropractic bill the jury might decide he |
| texting and driving. She could do it blindfolded. | | | | overtreated and cut the bill down to $3,000. |
| Minutes later Farmer Tom, who is harvesting ryegrass | | | | Farmer Tom might have a hard time sleeping after the |
| seed, is blindsided by Sally's red VW bug. Farmer Tom | | | | crash and insist on a new mattress prescribed by his |
| spends five weeks in the hospital and misses the high | | | | family doctor. This would be a hard sell to convince a |
| point of the seed harvesting season. | | | | jury that this was a necessary medical expense |
| Back home in Vancouver Sally peruses her auto | | | | relating to the accident. |
| insurance policy and wonders: "BI - Bodily Injury, what | | | | Lost Income |
| does this cover?" | | | | Farmer Tom hired family members and friends to |
| The policy says it will "pay damages which an insured | | | | complete the seed harvest so the crop was not lost. |
| becomes legally liable to pay because of bodily injury | | | | The additional expenses he incurred reduced his profits |
| to others caused by accident resulting from the | | | | and so he would have a claim against Sally for lost |
| ownership or use of your car." | | | | income. This would be covered by her bodily injury |
| Hmm...thinks Sally...what are "damages?" | | | | policy. |
| DAMAGES DEFINED | | | | Household Services |
| Black's Law Dictionary defines damages as "a sum of | | | | Farmer Tom and his wife are very progressive and so |
| money awarded to a person because of the [wrongful | | | | divide up the household tasks. He is responsible for |
| act] of another." | | | | mowing the lawn and washing the cars on Saturday. |
| "OK, so "damages" just means money," Sally rightfully | | | | To replace himself in these tasks Tom had to hire a |
| concludes. | | | | neighbor boy. The money paid for these services |
| "But how do the courts decide what money to | | | | would be recoverable by Tom in a personal injury |
| award?" | | | | claim against Sally so this would be covered by her |
| TYPES OF DAMAGES | | | | bodily injury policy. |
| Damages, says the Blacks Law Dictionary, come in | | | | GENERAL DAMAGES |
| three broad classes: actual, nominal and punitive | | | | These are the difficult to quantify side of bodily injury |
| Nominal damages are those awarded where a right | | | | damages. What is commonly known as "pain and |
| has been violated but there is no substantial injury. | | | | suffering" comes under this category. Loss of |
| When Sally drove on to the farmer's field that was a | | | | enjoyment of life also falls under this category. General |
| trespass. Had she done so with no loss to the land or | | | | damages is often roughly calculated using a multiplier |
| equipment or farmer that would have entitled the | | | | such as 1x, 2x, 3x times the reasonable and |
| farmer to nominal damages (usually one dollar) for | | | | necessary medical expenses. |
| trespass. | | | | ATTORNEY FEES |
| Punitive damages also known as exemplary damages | | | | If you are sued by someone after an accident, your |
| are intended to punish the defendant. They may be | | | | bodily injury coverage will also pay for an attorney to |
| awarded where the conduct of the defendant was | | | | defend you. These lawyers, known as "insurance |
| particularly wicked. Had Sally intentionally drove off the | | | | defense attorneys" will be hired by your insurance |
| road to run over the farmer a jury in Lane County, | | | | company for you. |
| Oregon might award punitive damages against her. | | | | SUMMARY |
| Actual damages also known as compensatory | | | | Bodily injury coverage protects you if you are sued |
| damages are those awarded for actual or real loss or | | | | after causing physical injury to another. The coverage |
| injury. This is what bodily injury insurance most | | | | extends to anyone using your car with your |
| commonly covers. In most auto accident cases, actual | | | | permission. Your coverage also protects you if you |
| damages break down into general damages and | | | | are driving someone else's car with permission. |
| special damages. | | | | The basic elements covered include medical |
| SPECIAL DAMAGES | | | | expenses, lost wages, household services, pain and |
| These, says Blacks Law Dictionary, are the "actual | | | | suffering, and attorney fees to hire an attorney to |
| result of the injury complained of, by reason of special | | | | defend you. |