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What damages are awarded in a personal injury case?

Dominick Rios by Dominick Rios
October 1, 2020
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If you are involved in a personal injury lawsuit and the court rules in your favor, you will receive a monetary reward for the losses you have sustained. Damages are paid by the person or company that is found to be legally responsible for the accident or your injuries. It is not enough to go to court and demand justice for a legal wrong. You need to prove that you were actually harmed. In this respect, it is a good idea to hire an injury lawyer. A legal professional will assist with your case having a great deal of experience in dealing with such matters. Damages are awarded in a personal injury lawsuit for medical bills, pain and suffering, emotional distress, and lost wages. In what follows, we will discuss the main categories of damages.

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Compensatory damages

As the name clearly suggests, compensatory damages provide a monetary relief, being meant to replace what has been lost. More exactly, compensatory damages are intended to pay the person that was injured for what they have lost. You can seek a definitive amount of money in an injury lawsuit. How much you can claim depends on your specific circumstances. Keep in mind that personal injury losses are different from property damage losses. The value of destruction of physical property is easier to prove in court as opposed to, say, pain and suffering. Compensatory damages can be further divided into special damages and general damages. While the former refers to expenses that can be easily seen, the latter refers to pain and suffering, anguish, loss of consortium, or what is called “human damages.”

Punitive damages

When they are permitted, punitive damages are intended to punish the wrongdoer for a particularly bad behavior. Compensatory damages are not considered sufficient for deterrence so another legal remedy is necessary. Attention needs to be paid to the fact that each state handles punitive damages in a different fashion. To be more precise, punitive damages are limited by state laws and federal judicial precedents. In cases of exceptional recklessness, a punitive award may be appropriate. The monetary reward is generally left to the discretion of the jury.

Reasons to hire an experienced personal injury lawyer

A personal injury lawyer with experience in the field can help you claim financial compensation for negligence. It is not recommended to proceed without counsel during any part of the process. Do not go into the legal arena all by yourself. Time is of the essence, so if you believe you are a victim, do not delay, but contact an experienced local attorney right away. Settlement is not possible in some cases, which is the reason why a trial is so important. You may be able to hire a lawyer on a contingency basis. To put it simply, their contingency fees depend on the outcome of the lawsuit.

Being injured as the result of someone’s recklessness comes with a price tag. It is possible to obtain monetary compensation in a personal injury case. Claiming damages can be tough, but not impossible. Make sure you have a top-notch legal professional by your side at all times.

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