Claims Received from Compensatory Damages in Personal Injury
by: foodsupport | Related: Social Security Benefits
In civil law, damages is the amount of money that is awarded to the injured party if he or she makes legal claims. The sum of money covers for damage to properties, injury suffered and other losses as a result of the accident. Damages can be grouped into two types - Punitive damages and compensatory damages.
Compensatory damages can also be called actual damages. It is the amount of money awarded to the plaintiff to compensate for their loss caused by the action of the defendant. Compensatory damages can be broken down into two categories again. They are special damages and general damages.
Special damages cover all forms of economic losses like personal injury, medical expenses and real property damages. On the other hand, general damages cover non-tangible issues like emotional trauma, suffering and even agony just to mention a few.
Some of the situations and conditions that qualify for general damages have been listed below:
Suffering and pain: These are physical pain or distress caused by an injury. This includes scars, aches and pains, temporary or permanent incapacitation.
Emotional distress: This is caused by issues like sexual harassment, slander or libel.. etc.
Defamation: This is the intentional communication of false information that tarnishes the reputation of an individual or a company.
Loss of consortium: This is the compensation for being deprived of having sex or other benefits of a normal family relationship as result of certain injury. For instance, if the action of the defendant led to an accident and it affected the plaintiff's spinal cord. He is qualified for loss of consortium.
Disfigurement - This is the compensation for permanent disfigurement of the someone's physical appearance. It could be a permanent scar or any form of disability.
Loss or impairment of physical or mental capacity: This is the compensation for someone's loss of ability to take care of himself or think clearly and make informed decision for himself. For example, if an accident occurs and the plaintiff hits his head on a hard surface and suffers a memory loss. This situation qualifies the victim for this type of compensation.
Loss of enjoyment of life: When the action of the defendant deprives the plaintiff the ability to enjoy his life as he used to do. If used to enjoy riding bicycles for leisure and he is now crippled. This scenario explains this type of compensation.
There are several more conditions that qualify for general damages. Only some of them have been mentioned here. These issues are not easily determined in court. There are so many legal proceedings involved. This is why you need a personal injury attorney for your legal claim.
These damages are meant to compensate the plaintiff for quantifiable loss. It seeks to return the victim to his financial position before the occurrence of an accident or an injury. Special damages cover medical expenses, loss of earning and damage to personal property. These damages are worked based on determinable dollar amount. For example, the damages to a property is compensated at the value of the property at the time of the loss and not the current value.
How much a victim can get depends on how his personal injury attorney is able to establish each of this cases. This is why you need a good personal injury attorney to make a claim. Here are a couple of examples of personal injury cases and how much the victims were awarded.
A woman laid down on the subway tracks in New York City in a suicide attempt. The train did not kill her but only injured her head. She sued New York city for the injuries and was awarded a whopping $14.1 million by the Supreme Court.
A case of an elderly woman vs. restaurant
An elderly woman who bought a cup of coffee from a restaurant got burnt severely when the coffee mistakenly poured on her laps. With the help of her attorney, she sued the restaurant and eventually got the sum of $2.7 million for damages. She may not have won the case without the assistance of an experienced attorney. The other reasons you need an attorney for your personal injury case have been outlined here.
Hiring a Personal Injury Attorney is Really a Must
A company recently recalled a model of its remote-controlled vehicles in Florida and other states in the United States due to a risk of fire hazard posed by the vehicles. It was discovered that the vehicle’s electronic speed control (ESC) fails and short circuits and this poses a fire hazard.
The remedy is a free replacement of the component in all the recalled vehicles. About 18,600 units of the vehicles have all been recalled. About 19 cases of the component catching fire have been reported but no such case has been reported in Florida so far.
What if you or any other resident of Florida experiences any of the reported cases of the ESC catching fire and it leads to a severe burn? How do you go about seeking appropriate compensation? The first step is to consult a Florida personal injury attorney.
You don’t just hire any Florida personal injury attorney, you should hire the one that is highly experienced to boost your winning chances. This implies that you should consider experience in your choice. Since experience usually comes with heavy charges, the most experienced one among your prospective attorneys is usually the one with the highest fees.
If you can’t afford the charges, then you should opt for the next in line. The catch here is to try to balance experience with affordability. Hiring an attorney is a must because the other party is likely to have hired theirs. Defending yourself in such situation is like bringing a knife to a gun fight. Your chances of winning will be infinitesimal (if not zero).
You attorney will help to vet your statement to be sure that it can’t be rendered unacceptable during cross-examination. He may even rewrite it for you if that becomes the only option left to boost your chances of winning your case.
Your attorney may be an acquaintance of the judge of your case. If that happens, this could swing the verdict of the case in your favor. Knowing your judge will help your attorney defend you better as he already knows the belief, principles and policies of your judge.
When the proceedings does not seem like it will end in your favor, you may angrily take terrible action that will completely jeopardize what is left of your chances of winning. This is because frustration can set in any time. If you have an attorney, he will prevent this by providing an emotional and psychological support apart from his legal support.
Sometimes, you may be asking for compensation that is much less than what you deserve in such circumstances. It is your attorney that will prevent you from shortchanging yourself. He will calculate the exact amount money that should be paid to you as compensation.