If you are about to decide to file a personal injury litigation over slip and fall, a car accident, or any other form of injury, you might be wondering the worth of your case. The answer finds its way back to the damages caused. This is a way that figures out the real cost of the injury in physical terms, monetary, mentally, or if the defendant would be punished for his conduct.
In a personal injury litigation, the plaintiff always gets the money damages associated with their case by the business or person who was held liable for the occurrence of the accident (the insurer or the defendant). You can always settle on a damage award after the negotiations for a settlement between the insurance company and the plaintiff’s attorney. In some cases, the court judge or jury can order for a mediation agreement for compensation.
Compensation Damages in the Personal Injury Cases
Most of the damages associated with personal injury cases can be classified under compensatory. This means that their main intention is to have the injured plaintiff compensated for whatever they lost because of the injury or accident. The injured plaintiff will be made whole again regarding monetary value by the compensation award damages. This means indicating the amount of money that was affected due to the occurrence of the accident. Some compensation damages can be easily quantified for instance the property reimbursement as well as the medical bills. However, it is extra hard to add money value to suffering and pain caused by the injury or accident that makes them hard to enjoy hobbies as a result of physical limitations that came from the accident injuries.
Let us look at the rundown of the different compensatory damages below that are common for all personal injury litigations.
A personal injury award for damages always has the inclusion of the cost of medication that resulted from the accident. You can also get direct reimbursement for the treatment you may have received as well as the compensation for the estimated medical care cost that may be needed in the future as a result of the accident.
The impact of the accident on your wages and salary can also be included of compensation you are entitled to receive. The money also has the inclusion what you will loose from gaining in the future if the accident never happened. A damage award, in the personal injury cases, is based on the future income that is denoted as compensation for the loss of earning capacity of the accident victim.
If any clothing, vehicle, or any valuable item was lost during the accident or damaged as a result of the accident, you are entitled to receive compensation or repair reimbursements for a fair value in the market.
Personal Injury Cases Punitive Damages
In such cases where the conduct of the defendant was egregiously careless, the plaintiff can also be awarded punitive damages aside from the normal compensation. Punitive damages come from a different rationale from the justification that is tied to compensatory damages to make someone whole again.
Such damages are awarded to the injured plaintiff. However, the main goal of these damages is to have the defendant punished for his conduct to make them never commit the same mistake in future. The state laws control punitive damages.
How the Plaintiff’s Inaction or Action Affect Damages
In some cases, the plaintiff’s role in causing the accident diminishes the damages in the personal injury case. If you are at fault for the accident, the damage award will be reflected on that. Some states also follow the contributory negligence law. For most states, the plaintiff is expected to take steps to mitigate or minimize the financial impact caused by the harm. For more information, please contact personal injury lawyers.