In a personal injury case where the plaintiff is alleging negligence, they must provide evidence to support their claim. This involves establishing that the defendant had a duty of care towards the plaintiff, that this duty was breached, and that the breach resulted in actual and proximate harm to the plaintiff. However, if any of these elements are missing, the defendant may be able to have the case dismissed. Visit this page to learn what you can do in such cases.
Fortunately, with the assistance of a skilled personal injury attorney, a victim of negligence can effectively pursue the compensation they deserve to move forward with their life. By providing expert guidance and legal representation, an attorney can help ensure that all necessary elements of the case are met, increasing the likelihood of a favorable outcome.
Compensatory Damages:
Compensatory damages fall into two categories: “economic” and “non-economic.” Non-economic damages refer to emotional distress, damage to one’s reputation, exacerbation of prior injuries, pain, inability to enjoy daily activities, and mental anguish. In certain states, these damages are referred to as “pain and suffering” damages.
Non economic damages:
Following a personal injury accident, individuals often seek compensation for both economic and non-economic damages. Non-economic damages can result from injuries sustained in events such as car accidents, where performing simple tasks like preparing food or commuting to work can cause pain. In cases of severe injury, plaintiffs may be unable to participate in hobbies or activities they enjoyed prior to the accident, such as walking, playing sports, or dancing. This loss can significantly impact the victim’s quality of life and cause substantial changes to their lifestyle.
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Economic damages:
Economic damages are quantifiable and tangible losses that do not vary due to a jury’s decision. Economic damages typically include vocational rehabilitation costs, out-of-pocket expenses, medical expenses, property damages, lost wages, and lost earning capacity.
Victims of personal injury accidents often seek compensation to cover their medical expenses, which can be a significant part of economic damages. An appellate court may review the total amount of medical expenses to determine if it is reasonable to award damages. For example, if a jury is presented with inflammatory evidence that results in an excessive verdict, such as awarding one million dollars for a soft tissue injury, the court may examine the medical bills to assess whether the verdict is reasonable.
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Final Thoughts:
By understanding these types of damages and working with a skilled attorney, victims can increase their chances of a favorable outcome and begin to move forward with their lives.