If you have been injured and are thinking about filing a personal injury lawsuit because of a slip and fall, a car accident, or another type of injury, you may be wondering how much your case is actually worth. The simple answer to this question is basically just “damages”. This means what your injuries have cost you physically, monetarily, and mentally. In different personal injury cases, monetary damages are paid to a victim by the company or person who is found legally responsible for the accident. After a settlement, the damage aware is either decided among the parties involved, their attorneys, and their insurance companies or it could be ordered by a jury or judge after a court trial. If you are considering filing a personal injury lawsuit, it is important to have someone on your side who is familiar with the process and to fight for maximum compensation for your pain and suffering.
Compensatory Damages
Compensatory damages are funds that are meant to compensate the victim for what they lost because of the injury or accident. Most personal injury damages are considered compensatory. These types of damages are meant to help make the victim complete again from a monetary viewpoint. This entails trying to determine what a dollar amount is for the outcomes of the accident. For some compensatory damages, it is easy to figure out, for instance, reimbursement for medical bills or any property damages. However, it becomes more difficult when trying to determine the value of pain and suffering or if he victim can no longer enjoy hobbies or social gatherings due to their new physical limitations.
The following are the most common types of compensatory damages found in personal injury cases:
Medical Treatment: In a personal injury case, the damages almost always include any costs associated with the medical care after the accident.
Income: After an accident or injury, the victim may be able to receive compensation for how the accident or injury has impacted your wages and salary. This could be for income you have already lost but also any income you would have made in the future but were not able to due to the accident.
Property Loss: If during the accident, any clothing, vehicles, or other items were damaged or destroyed, the victim will most likely receive payment for any repairs or compensation for the fair market value of any property that was lost.
Pain and Suffering: The victim is eligible to receive compensation for any serious discomfort and pain that came from the accident.
Punitive Damages
In some personal injury cases, the defendant’s conduct is viewed as reprehensible or extremely careless, the victim may receive punitive damages in addition to compensatory damages. Punitive damages are awarded to the victim, however, they are not like the compensatory damages whose goal is to make the victim complete. The true goal of punitive damages is to punish the defendant for their conduct. Most states have set a cap on punitive damages in personal injury cases as it is common for punitive damage awards to top millions of dollars.
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Being involved in a personal injury lawsuit is a very frustrating event. It is important to have someone on your side to know the types of damages that can and should be awarded to you. An experienced attorney, like a personal injury lawyer Bloomington, IL relies on, will work through your case and your losses and will fight to get you the compensation you deserve.
Thank you to Pioletti & Pioletti for providing key insight on personal injury cases.