Personal injuries are common and injured people often seek damages from those they deem responsible. Personal injuries include work-related injuries and illnesses, injuries caused in traffic accidents and injuries received as a result of faulty goods and services.
The question of how much compensation will be given is common but unfortunately, there is no easy answer. It can be dependent on whether or not the victim has an experienced personal injury lawyer, such as those from Valiente Mott. Not only this, but damages received from personal injury lawsuits can vary widely depending on the particular circumstances of the incident. However, this article will look at some common types of damages which can be awarded in cases of personal injury resulting from vehicular accidents, slips and falls and some of the reasons why the amount of compensation can be reduced.
Monetary damages are paid to an injured person by the person or company found to be legally responsible for the injury. The amount can be agreed upon through negotiation or by court order. For specific advice about your situation, you should contact one of the numerous personal injury lawyers available. You can use a directory or contact an individual law firm like Peter N. Davis & Associates.
Determining compensation
Some types of compensation are easy to quantify, like medical bills. Pain, suffering and loss of quality of life are much harder to place a value on. Here are some common type of compensatory damages.
Pain, suffering, and emotional distress – You may be entitled to an award of damages for any serious discomfort you experience during and immediately after the incident. Since some serious accidents result in the development of sleep disorders or mental health problems like anxiety and depression, compensation is not only linked to physical problems.
Loss of income – If the accident results in a loss of salary or wages, you may be compensated for the loss already incurred and that likely to come in the future if you are still unable to work.
Property loss – If a vehicle, clothing, spectacles or other items were damaged or destroyed during the incident, you may be entitled to full or partial compensation for replacement or repair.
Medical treatment – The award of damages will usually include the costs incurred for medical treatment. This includes reimbursement of money already spent on treatment and compensation for costs expected in the future.
Mitigating factors
Sometimes your role in the accident or your lack of action after being injured can reduce the amount you received. If you are even partially at fault for the accident that caused your injuries, this may be reflected in the level of compensation you receive.
This is called comparative negligence and many states use it in personal injury cases. Some even follow contributory negligence which means you may not be able to receive any compensation at all if you’re deemed even partly culpable.
If you fail to take reasonable steps to minimize the impact of the accident in the immediate aftermath, you may also receive a reduced sum. This applies in instances where you fail to seek prompt medical attention, or you do something to make the situation worse.
Compensation for personal injuries varies depending on the situation and the laws in the state where the accident occurs. This article highlighted some of the common types of damages but you should seek legal advice for any specific queries.
