Examining your accident case or injury case: A review of the many types of compensation that is available in connection with personal injury lawsuits. Make sure to ask your best Edmonton Personal Injury Lawyers when you get the chance.
If you are thinking about filing a personal injury lawsuit due to a car accident, slipping and falling, or any other type of injury. You are probably asking yourself this question. “What is my case worth?” What the answer will initially come down to is the damages. This is determining exactly what your injuries are and what they have cost you monetarily, physically, and also mentally. Also, it states, in some cases, if the defendant’s conduct does need to be punished or not.
Where a personal injury case is concerned, the money damages are something, which is paid directly to the person who is injured. The person who is injured is called the plaintiff by the company or individual who is found to be legally responsible for the accident. This is no other than the insurer or the defendant. Damage awards can sometimes be agreed upon after a settlement is arrived at through negotiations. This negotiation is something that must take place between all parties, their insurance companies, and also their attorneys. A settlement can also be ordered by a judge or it can be through the decision of a jury for a court trial. (If you would like to learn more about how these insurance companies do tend to value a claim after an accident, please do see Nolo’s article on How Do Insurers Value An Injury Claim?)
Attached below here, you will see an explanation of the various types of damages that are tied to many personal injury cases and just how these personal injury damage awards can be affected by what a plaintiff’s action or inaction does turn out to be overall.
Some of The Compensatory Damages In Personal Injury Cases:
A lot of personal injury damages are classified in nature as being compensatory. What does compensatory mean? It means that they are meant to pay off the injured plaintiff for what he or she did lose due to a specific accident or injury. What the objective of a compensatory damages award is all about is this. It is intended to help make an injured plaintiff “whole” again from a monetary aspect. This means attempting to put a dollar value on the consequences of the accident itself.
These are just a few of the many different types of compensatory damages that are associated with personal injury cases. They are:
Cost of medical treatment. Most personal injury damages awards do often pay for the cost of medical care concerning accidents. Reimbursement for treatment a person has already gotten and compensation for future medical care that they may need is included in this award figure.
Cost for impact of salary and wages lost. A plaintiff may be entitled to get compensation for the accident’s impact on their ability to work and income from it. It’s not just about income that is lost, but also as to what, a person may need to have in the future for money as s well. A damage award will be about giving the victim compensation for his or her “loss of earning capacity.” overall.
Any type of property loss. If a victim did lose a vehicle, clothing, or any other times as a result of the accident. They will more than likely be entitled to get reimbursement for any repairs or compensation from a fair market value of said property that was lost.
Any pain and suffering. A plaintiff may be entitled to get compensation for any existing serious pain and discomfort that was suffered due to the accident and its aftermath. This also does apply to any ongoing pain from the accident itself. Do learn more at : What is Pain and Suffering?
Any emotional distress: This is something that can be linked to only more serious forms of accidents. Emotional distress damages are designed to compensate a personal injury plaintiff for any psychological effect of an injury. This does include fear, anxiety and also sleep loss. There are some states that do include emotional distress as a part of any “pain and suffering” damage to be awarded to a personal injury plaintiff.
Punitive Damages in Personal Injury Cases
There are cases where the defendant’s conduct is not seen as being good or caring. Because of this reason. A personal injury plaintiff may get punitive damages in award on top of any compensatory damages, in addition, as well. Punitive damages do come from a rationale that is very unlike the justification that is associated along with compensatory damages that do try to make one “whole” again.
The purpose of punitive damages is to be awarded to a plaintiff that has been injured. Nonetheless, the very real goal of this kind of damage is to make sure that the defendant gets punished for their conduct.
Just How A Plaintiff’s Actions or Inactions Can Affect Their Damages Award:
In some instances of cases, the injured person’s role in being the cause of an accident or the inaction after they get injured — can lessen the total sum of damages that are available in a personal injury case.
What is comparative negligence? If a plaintiff is at fault, even partially somehow, for the accident that did cause their injury. The chances is that any type of damage award will reflect this. This is because most states do stick to a comparative negligence standard that does attach damages to degree of fault that is in a Personal Injury Case.
What is contributory negligence? There is a small handful of states that do go along with the concept of contributory negligence in personal injury cases. A person may not be able to get any compensation if they are deemed the blame for an accident.
When the accident is over: failure to mitigate any damages. There is a law in most states that does expect plaintiffs in these personal injury lawsuit cases to take minimal steps to minimize or try to mitigate any financial impact for the harm that was caused by an accident. A damage award can be greatly reduced if he or she just sits back and does nothing about mitigating any existing damages for medical treatments and making their injuries much worse in description.