Types of Damages You Can Claim
When filing a Oklahoma structural defect injury claim, the law allows for compensation across several categories of damages. These typically fall into three main types:
1. Economic Damages
Economic damages provide compensation for direct financial losses. These are objective costs that can be calculated with documentation. Examples in this category include:
Injuries resulting from structural defects often lead to hospital visits, surgeries, physical therapy, and ongoing treatments. Current and future medical costs can be included in your claim.
If you’re unable to work due to your injuries, you may recover compensation for wages lost during your recovery period. Additionally, if the injury results in a long-term inability to work, you may also claim loss of future earning capacity.
If your personal property was damaged because of a structural failure (e.g., a vehicle in a collapsing garage), these repair or replacement costs can be recovered.
Costs incurred due to the injury, such as transportation to medical appointments or hiring domestic help, may also be recoverable.
2. Non-Economic Damages
Non-economic damages, while intangible, are aimed at compensating for the personal toll the injury has taken on your life. These may include:
Injuries from structural defects can cause physical pain and discomfort. These damages acknowledge the suffering endured during and after the incident.
Dealing with anxiety, depression, or post-traumatic stress disorder (PTSD) after an accident is common, and compensation for emotional impacts may be included in your claim.
- Loss of Enjoyment of Life
If your injuries prevent you from participating in hobbies or activities you once enjoyed, this loss can be factored into the damages.
If the injury strains or damages your relationship with a spouse or family members, non-economic damages for loss of consortium may apply.
3. Punitive Damages
Punitive damages are awarded in cases where the responsible party exhibited extreme negligence or intentional wrongdoing. While less common than economic and non-economic damages, punitive damages serve as a financial punishment to deter similar misconduct in the future. For example, a builder knowingly using substandard materials despite clear safety risks could lead to punitive damages.