If you have been injured in a car accident, slip and fall, injured at work, or any other injury, you may want to consider how much these injuries have cost you monetarily, physically and emotionally. You may want to think about, possibly with the assistance of a personal injury lawyer, what the case may be worth to you and whether you should seek compensation for damages.
In a personal injury case, damages are paid by the person or company (defendant) responsible for the injuries to the injured person (plaintiff). Damage awards are usually negotiated with the parties involved in the accident, insurance company, and any personal injury lawyers on the case. Your case may be brought before a judge and/or jury and damages may be decided through a court trial. There are different kinds of damages that are awarded in personal injury cases, depending on the action or inaction of the plaintiff.
What are compensatory damages in personal injury cases?
In personal injury cases, injured parties seek compensation for damages due to the accident or injury. Dollar figures are usually determined based on the consequences of the accident. Here are a few examples of ways plaintiffs may be compensated in a personal injury case. This list is not exhaustive. To know the full extent of any damages you may seek to recover, you should speak with a personal injury attorney.
- An award for damages in a personal injury case may include the cost of your medical expenses both for immediate and future medical care.
- A plaintiff may be awarded damages to compensate for loss in salary and wages. They may also be compensated for any future earnings that they may have been unable to earn due to injury.
- Plaintiffs could be entitled to reimbursement for property damages as a result of an accident.
- Plaintiffs can be awarded damages for pain or serious discomfort they experience immediately following an accident and/or for any ongoing pain they may suffer in the future.
- Sometimes with more serious accidents, the plaintiff may be entitled to compensation for emotional distress, including fear, anxiety and sleep loss.
- Plaintiffs may be entitled to damages for loss of enjoyment of activities that they are involved in such as exercise, and hobbies. They may also receive loss of consortium damages, if they are unable to be a companion or maintain a physical relationship with a spouse, or care for a child.
What are punitive damages in a personal injury case?
The purpose of punitive damages awarded to the plaintiff is to punish the defendant’s conduct if an accident is deemed egregious or the defendant’s actions are outrageously careless.
How can the plaintiff’s actions immediately following an accident affect the damages award?
Damages awarded may be reduced if a plaintiff is partially responsible or at fault for the accident. Plaintiffs may be expected to take reasonable steps to mitigate any harm caused by the accident, such as seeking medical treatment immediately following the accident. If the plaintiff does not take responsibility for treating any injuries, damages awards could be reduced.
Speak with a Personal Injury Lawyer.
The personal injury lawyers of Anderson, Moore, Bailey & Nowell are here to help you work through your case, explain the insurance claims process, and prepare your case to recover the costs of your injury. Good documentation of your injuries is the first step to helping ensure you receive just compensation for medical expenses, lost wages, and pain and suffering due to your accident. Schedule a Consult.
This blog is intended for general informational purposes only, and is not intended to serve as a substitute for talking to one of our lawyers here at Anderson, Moore Bailey and Nowell. In fact, the first step you can take towards resolving your problem is to have a face to face conversation with one of our lawyers. Our consultations are free, they are confidential, and we can almost always schedule you an appointment the same day we receive a call.