Whether it was a motor vehicle accident or a slip and fall accident, personal injury lawsuits are among the most common types of civil lawsuits in the country.
In fact, motor vehicle accidents are the most common type, making up a slim majority of 52% of personal injury cases each year.
If you have suffered a personal injury and you are looking to collect damages and compensation, let us tell you what you need to know.
How to Reprimand Damages and Compensation
When dealing with a personal injury settlement, you need to know what you are getting into. It is a long process if you don’t know how to get started. However, 95% of personal injury lawsuits don’t make it to trial.
What Are Compensatory Damages?
Personal injury claims are legal to file when a person has suffered physical, mental, emotional injuries or property damages.
When the party files a suit requesting money for these types of damages from the party responsible for them, these are known as compensatory damages.
These damages can include special damages and general damages.
Special damages restore the injured party to the position they were before the harm or injury occurred. This generally includes damages that can be calculated, such as medical expenses, property damage, loss of wages or earnings, and other measurable losses.
General damages are awarded for losses that are not easily calculated through monetary value. These include losses like emotional distress, defamation, or loss of consortium or companionship
When Are You Awarded These Damages?
You are awarded compensatory damages any time that a party is proved to show negligence that led to an avoidable injury or damage.
State laws may vary with regard to compensatory damages. Many states place limits on general damages, and some on special damages.
A plaintiff will be awarded these damages if they are able to prove their losses due to the damages in question.
How Are Compensatory Damages Calculated?
When calculating damages, attorneys and the court will consider a wide range of factors related to the case. These include:
- Age of the victim
- Type of injury
- The extent of the injury
- Cost of medical treatment of the plaintiff
- Losses of income or changes in the plaintiff’s ability to earn an income
- Whether any property damage came from the accident; and
- Any other impacts on the victim’s quality of life.
There are many variables at play with these calculations, so they need to be handled appropriately.
How to File
Filing for compensatory damages is a complicated legal matter, and the best representation is necessary. Calculating the number of financial damages owed is a tricky business, so don’t do it alone. Get some of the best lawyers compensation available for you.
Get Started Today
While personal injury lawsuits are common, they are necessary for so many cases every year.
If you have been injured or suffered damages due to someone else’s negligence, it is time to get some legal representation so you can get the damages and compensation you deserve!