Those who suffer personal injury as a result of a slip and fall accident, a car accident, medical malpractice, etc., may consider filing a personal injury lawsuit against the offender, and might also be wondering whether the case is even worth pursuing. Putting a monetary value on the physical, psychological, and emotional damages the injury caused can be a daunting task. The first step when looking to file a personal injury lawsuit, due to the complex nature of the process, is to seek legal advice from a qualified lawyer.
In cases of personal injury, the injured person receives monetary compensation for the damages the injury caused if the offender is found to be guilty for the accident, whether due to negligence or any other valid reason. The negotiation of the settlement among the insurance companies, parties, and attorneys involved may be modified by the court system based on what the judge believes is a fair arrangement.
Types of Damages in Personal Injury
The first type of damages in cases of personal injury is compensatory damages. This means that the victim is to be restored financially from the damages the accident caused; in other words, he is rewarded with a set monetary amount that should, as much as possible, make up for the consequences of the accident.
There are some compensatory damages that are easier to put a dollar amount on. For example, damages to property and healthcare bills acquired as a result of the personal injury. Pain and suffering damages, for example, are more subjective and are harder to quantify.
Some of the most common personal injury damages are:
• Medical treatment and rehabilitation: This is a very common form of compensation in these cases, and includes repayment of previous and payment of future medical expenses and rehab caused by the personal injury.
• Lost wages: This is also a very common compensation in personal injury cases, and it entails the repayment of lost income and income the victim would have made in the future but now can’t make due to the accident.
• Loss of property: This is the repayment of damages to personal property, such as clothing, vehicles, etc., that became damaged due to the accident. Fair market value is used to determine the monetary reward for lost property.
• Pain and suffering: This is an intangible situation that is also rewarded with monetary compensation. Pain and suffering can include emotional distress, loss of enjoyment, loss of consortium, anxiety, and such.
Another form of personal injury damages is punitive damages. Punitive damages are a form of punishment to the defendant, if found guilty, to discourage the offensive action in the future. Punitive damages are given on top of compensatory damages in some cases. Most states do have a cap on how much money a plaintiff can get for punitive damages.
Since personal injury cases can be so complex, it’s always advisable to hire an experienced attorney to handle your case. If you were hurt due to the negligence of another individual or entity, you deserve to get compensation. A personal injury lawsuit might help you get the compensation you deserve.