In most personal injury cases, victims are unaware of the different types of damages they are eligible for. It has been observed that in most cases, the plaintiff in the case is only aware of claiming compensation for medical bills. But the fact is that several other damages can be claimed in such cases.
Compensatory damages and punitive damages are two primary forms of personal injury. In nearly all injury cases — including car accidents, medical malpractices, and slips and fall cases — compensatory damages attempt to repay the injured person for the harm that they incurred. Punitive damages, on the other hand, are given in just a few situations. Punishments have nothing to do with the kind of injury they sustain, but they are given the penalty for specific kinds of disgusting behavior.
Here are the different types of compensations given in Personal Injury Law:
Special Compensatory Damages:
Special compensatory damages are also known asT”economic damages,” comprises measurable out-of-pocket expenditures. In other words, you get paid for the items that you had to pay for or lost due to your injury. They are unique to each person and vary considerably from party to party.
There is no limit to the kinds of specific injury claims that could be claimed, or to the amounts that might be claimed by a person who is harmed. Some of the most frequent harmful kinds are:
- Medical Expenses
- Property Damage
- Loss of earning
- Loss of irreplaceable damage
- Expenses related to trips
General Compensatory Damage:
General compensatory damages might be hard to calculate, as they include damages related to pain, suffering, and loss of consortium. Pain and suffering damages generally involve reimbursement of genuine physical pain and mental anguish recompense. Further, many injuries can also lead a person to change their quality of life. This can also include not being able to enjoy activities that brought them joy in the past. In these cases, they can also argue loss of enjoyment of life.
Wrongful Death Damages:
The meaning of wrongful death is, death caused by neglect or irresponsibility of the other party. These kinds of damages are a combination of special and general damages. The compensation is given to the family members of the deceased. Some of the compensations include:
- Covering funeral costs
- Cost of medical care before the death
- Loss of companionship
- Loss of bread-earner
- Emotional distress caused to the family members
As stated before, you are not compensated for your loss by punitive damage. The party responsible for your bodily injury or the false death of a loved one is punished. If the Court thinks that they are not deterred sufficiently by the compensatory damages granted, the Court may award them punitive damage. If the person or institution acts with malice or gross carelessness, has carried out criminal conduct such as an act of fraud or violence, or has created major financial problems, chances will increase for court establishing reasons for damages.
A qualified lawyer with a broad background in personal injury helps the client to evaluate his damages. You can assess all kinds of damages to ensure that you reach a fair and full case value. Autrey Law Firm has the best and experienced team of lawyers in the Personal Injury Law field.
In a free country, individual rights over property are an important area of protection given under the law. Personal injury law, also known as tort law, is formulated to protect you and your property against all injuries and harms caused by someone else’s failure. In personal injury claims, compensation is sought by the owner, to be able to restore life before the harm. These laws come under civil law. This is different from a criminal trial where the government is the one claiming the protection of rights. In civil wrongs, individuals raise disputes for enforcement of their rights.
When do Personal Injury Rules Apply?
These happen usually in situations wherein someone has acted negligently, leading to harm or injury of another person. This includes car accidents, medical malpractices, slip and fall incidents, etc.
this is different from the aforementioned, wherein, injury and harm are not caused due to accident but when the intentional conduct causes harm to another person. These kinds of injuries can include assault and battery.
a manufacturer can be made liable for product liability if their products, varying from vehicle components, consumer items like edibles, medicines or any other product is defective, dangerous, and can cause harm. This leaves room for many lawsuits to be filed to claim compensation for all injuries that consumers have faced due to their product.
This is when someone by way of libel or slander, spreads untrue information or rumors about a person who suffers financial loss due to such rumors. They can now claim personal injury from the person who spoke or wrote untrue information about them that caused a loss of reputation.
How do Personal injury Cases Happen?
Certain acts by the Defendant injure the Plaintiff:
these acts can be anything from an intention to cause harm to just breaching a duty of care. It can be any bad act on part of the defendant.
Breach of legal duty:
it is up to the plaintiff to determine whether the defendant has breached a legal duty. This specific breach of a legal duty is dependent on the situation and how the injury occurred. Like for example, doctors must adhere to a medical standard of care and therefore they have a legal duty to treat their patients in accordance with it.
The point of personal injury is mainly to restore the position the plaintiff was in before the injury happened. Most of the time, this is done by way of compensation. Most settlements for such cases may happen outside of the court. An offer of monetary compensation is offered to the insured, in exchange for the promise that the lawsuit will not be pursued by the plaintiff. If the plaintiff agrees to do so, the case ends here.
In these kinds of cases, the statute of limitations plays an important role. Beyond a certain number of years, you cannot claim compensation for that injury in any State’s civil court. Contact a lawyer to know more!
Autrey Law Firm has the best personal injury lawyers with years of experience!
If you or your family member suffers an injury due to the fault of someone else, what will you do?
You are likely to be wondering—
Should I file a personal injury case or rush to the hospital?
Will I get compensation?
How long does the process take?
What if I am unfit to work and lose workdays?
These and many such questions might crop up in your mind leaving you bewildered in addition to the physical injury that you have to cope with! A personal injury becomes a traumatic experience because of the complexities involved.
Here’s a step-wise process to be followed in case of a personal injury:
Step 1: Get Medical Attention
Irrespective of the cause of the injury, if you suffer a physical injury, the first step you need to take is to get immediate medical treatment. You can rush to the emergency room of the nearest hospital. This will serve two purposes.
Firstly, you will get the medical care you require which will help you recover fast. When you get examined by a doctor even injuries that may not be apparent will be detected by the doctor and you will be treated for them.
Secondly, if you do not seek medical attention immediately after the injury your personal injury lawsuit will become weak because the jury will doubt the seriousness of your injury. The insurance company will try to negotiate the claim on the grounds that the injury was minor.
Step 2: Connect with a Personal Injury Lawyer
When you are the victim in the case, you may wonder whether you need to hire a personal injury lawyer or not? Engaging a personal injury lawyer is a must whether you suffer a minor or a major injury. This is because it is only a legal expert who can advise you whether your injury can be compensated or not. He can also guide you through the process. An experienced personal injury lawyer can help you determine the right amount that you can claim from the defendant in the case. It is only a personal injury lawyer who can prepare your case by collecting supporting evidence and witnesses.
Step 3: Lawyer Prepares the Case
Your personal injury will build the case based on the data he collects. He will ask you questions about the accident. He will check your medical records and bills etc. It is best to give a detailed account to your personal injury lawyer.
Further, he will assess the compensation you deserve.
Step 4: Claims
Your personal injury lawyer will connect with the lawyer of the defendant in the case to fix the amount for compensation. Often personal injury cases are settled without a court trial. However, if both parties are not agreeable to the terms, the case may be settled in court. Your personal injury lawyer will present the case in the court before a jury to get you valid compensation.
The experience and knowledge of the personal injury lawyer are very important for any personal injury case. Autrey Law firm has a team of experienced personal injury lawyers who can help you in any type of personal injury case!