When it comes to injuries caused by accidents, victims can file a personal injury claim. What is a claim for personal injury? For the uninitiated, an injury claim is an action one takes […]
Damages are the financial losses that you are attempting to recover through a lawsuit. The placement of a monetary value on the victim’s injuries attempts to restore the victim’s financial, physical, and emotional well-being. Damages are awarded either by mutual agreement, by the jury, or the court in order to allow victims to return to the position they would have been in had they not been injured in the first place.
There are several different types of damages that may be involved, depending on the type of case as well as the type and extent of the resulting injuries. While many people are somewhat familiar with compensatory and punitive damages, a comprehensive explanation is instructive.
Compensatory damages can be thought of as all losses you've incurred resulting from the injury. There are two categories of compensatory damages. Special and general.
Special damages compensate the victim for actual economic losses. These can include things such as:
General damages are losses that do not involve verifiable monetary losses. It can be difficult to assign a value to non-economic damages as these awards can vary significantly. Some of the non-economic awards to which a victim might be entitled include:
Also sometimes referred to as exemplary damages, punitive damages are not intended to compensate the victim, but rather to punish the defendant for the injuries they caused and to show others what can happen if they engage in similar types of behavior. The victim may be able to collect punitive damages when the conduct of the defendant is considered egregiously insidious, intentional, habitual, or reckless. Few personal injury cases result in punitive damage awards, and there may need to be a compensatory award before the court or jury can consider a punitive damage award.
Property damages are expenses related to the loss or destruction of private property through negligence. This can include damage to things such as motor vehicles, fences, homes, trees, etc. Insurance policies cover both property damage claims (PD) and bodily injury (BI) at different coverage amounts.
We provide this information in an effort to better-educate our potential clients, as we feel that it's important for everyone to understand as much about the claims process as possible. However, knowing the types of damages one can recover in a personal injury lawsuit is only the tip of the iceberg when it comes to a claim or lawsuit. Proving those damages and compelling the other side to pay (either through negotiation or litigation) is a world unto its own.
If you would like to consult with our firm about your potential personal injury case for free, call us 24 hours a day (toll-free) at (214) 617-1886. If we feel that we can help, we'll take your case on contingency - meaning that you don't pay us a dime unless we're successful at recovering compensation for you.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 617-1886.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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