If you're considering a
personal injury lawsuit due to injuries sustained in a car accident, you'll have many
questions, especially when it comes to determining how much your case
is worth. While each case is different, the answer to the question really
comes down to damages: Determining what your injuries cost you mentally,
physically and monetarily.
In personal injury cases, money damages are paid to the injured party by
the party who is found to be legally responsible for the incident. Awards
for damages can either be agreed upon during a settlement negotiation
or may be ordered by a jury or judge during a trial. There are a few different
types of damages, including:
Most personal injuries are classified as compensatory because they are
meant to compensate the injured person his losses due to the injury. Compensatory
damages are meant to make the injured party "whole" again, at
least from a financial standpoint. This means a dollar amount is applied
to all the consequences of the accident. Some compensatory damages are
easy to determine, such as medical bills and property damage reimbursement.
Compensatory damages include lost income, medical treatment, pain and
suffering, loss of enjoyment, loss of consortium, and emotional distress.
In situations where the negligent person's conduct is deemed careless
or egregious, an injured plaintiff may be awarded punitive damages in
addition to the compensatory damages. Punitive damages come from a rationale
that is different from the justification attached to compensatory damages.
Punitive damages are essentially punishing the defendant for his conduct,
to hit them in the pocket. This helps act as a deterrent for others to
not act that way in the future.
Plaintiff's Actions and Inactions
If you're at fault, even slightly, the computation may reflect that.
This is called contributory negligence, and it's possible your award
will be reduced by any percentage you're determined to be at fault.
If you've been injured in any type of accident and would like more
information on suing for damages,