What are Personal Injury DamagesWhat are personal injury damages? How are they defined? What do they consist of?
If you have been injured due to the negligence or intentional, willful act of someone else, these are important questions that you may have. This is due to the fact that damages are what you can recover in a personal injury case.
However, in order to receive fair and just compensation for your damages, you will probably need the help and assistance of a personal injury attorney. You will also need to know what damages are considered to be in a personal injury claim.
Damages are defined as being physical harm that is done to someone or something in such a way as to impair that person or things value, usefulness or normal function. In the case of damages to a person, damages can also refer to emotional harm that is done to that person.
From a legal standpoint, damages are an award (usually monetary) that is paid to a person as compensation for injury or loss. Simply put, damages are the amount of money that is paid to the plaintiff (the person injured and bringing the claim) in a personal injury lawsuit.
The rules in regard to damages can and do frequently vary. This is based on the type of claim and the jurisdiction. For example, the rules regarding damages are different in a breach of contract claim as opposed to a tort claim, such as a personal injury claim.
There are different kinds of damages that may be considered in a personal injury claim. One kind are what are known as compensatory damages. Compensatory damages are also referred to as special damages.
There are two kinds of compensatory damages. One is for monetary losses and the other is for non-monetary losses.
Compensatory damages for monetary losses include payment for your past, present and future medical care and rehabilitation that you may need. It also includes lost wages if your injuries have prevented you from working and loss of earning capacity if this results from your injuries. In addition, it includes payment for having to live with a disability, if this results from your injuries, and payment for repair or loss of property.
Compensatory losses for non-monetary losses are subjective and hard to determine. They include things like being compensated for pain and suffering, mental anguish and loss of companionship (loss of consortium).
Another kind of damages that are considered in a personal injury claim are referred to as punitive damages. These damages are also known as exemplary damages. These damages are a combination of punishment and setting a public example. They are usually awarded when the person who is responsible for your damages acted in what is considered to be a violent, oppressive, wanton, malicious or grossly reckless way, which brought about your damages.
Again, if you have been injured by a persons negligent or intentional, willful act, you need to know what personal damages are, and you need a personal injury attorney in order to receive fair and just compensation for those damages. The best thing to do is to call a personal injury attorney and have your case evaluated at no cost or obligation to you.
article written by James Shugart
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