Personal Injury Damages

in Injury

When you have been injured due to someone else's negligence, you may be eligible to receive damages. These damage awards are awarded in a civil court of law. The amount is determined by jury and is customized for a particular case. If the award is excessive or deficient, an appeal may be made for the court to review the award to determine if it needs to be reduced or raised. There are two basic types of damages: compensatory and punitive.

Compensatory damages are awarded to help restore the victim's life after the injury. By giving money to the victim, the court hopes to ease the financial, physical, and emotional burden that has occurred. There are two types of compensatory damages: special damages and general damages.

Special damages compensate the victim for monetary losses. This includes medical expenses for past and future medical care to rehabilitate the victim. If the injury left the victim with a disability, money will be awarded so that the victim has funds to make adjustments to their lifestyle now that they have disability. Therefore, if the injury leaves a person in a wheel chair, appropriate funding will be allocated for their home to be renovated. In addition, any lost wages suffered because of the injury as well as future wages are accounted for in special damages. If there is property damage, this amount will be covered. Lastly, any funeral expenses will be added to the total.

General damages compensate the victim for non-monetary losses. These awards may vary significantly by victims as they are hard to calculate. The two main types are pain & suffering and loss of consortium. Pain and suffering damages cover any physical pain as well as emotional. Emotional pain includes any fear, anger, frustration, or loss of enjoyment of life that results from the injury. Loss of consortium is given to spouses of personal injury victims. It covers intangible loses such as marriage, affection, companionship, comfort, etc.

Punitive damages are designated to punish the defendant while deterring others from repeating the behavior. The damages are awarded when the defendant's behavior is especially heinous and repulsive. They are not included in all cases. Punitive damages are typically limited to ten times the amount of compensatory damages.

If you or a loved one has suffered an injury due to someone else's negligence, visit today to learn about your rights. 

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Joseph Devine has 1 articles online

Joseph Devine

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Personal Injury Damages

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This article was published on 2010/03/29