Understanding Personal Injury Damages
When someone suffers harm due to another’s negligence, they may seek financial compensation through a personal injury case. The monetary compensation awarded is called “damages”. The objective is to restore the injured party, or plaintiff, to their pre-injury financial status, as much as possible.
Compensatory Damages: What Are They?
Special Damages: These can be calculated and include:
Medical Expenses: Both past and future medical bills related to the injury.
Lost Earnings: Compensation for lost wages and potential future earnings.
Property Damage: Reimbursement or compensation for items or vehicles damaged in the incident.
General Damages: These are intangible and harder to quantify:
Pain and Discomfort: Compensation for physical pain resulting from the accident.
Emotional Impact: Compensation for psychological effects, such as anxiety or sleep disturbances.
Loss of Enjoyment: For inability to participate in regular activities or hobbies post-accident.
Loss of Consortium: Relating to a reduced quality of relationship with a spouse or child due to the injury.
Determining the Settlement Value
Every personal injury situation is distinct, but the following are influential factors:
The severity of injuries and any lasting implications.
Availability and adequacy of insurance coverage.
Clarity on who was at fault.
Perceived credibility and likability of all parties involved.
Impact of Statute of Limitations
The statute of limitations is a predetermined timeframe within which one must file a lawsuit. Once this deadline looms, it may affect settlement negotiations. If the lawsuit is filed within this period, its value might increase as the case progresses toward trial.
The Influence of Plaintiff’s Actions
The plaintiff’s actions pre and post-accident can affect the damage award. For instance:
Comparative Negligence: If the plaintiff is partly responsible, the award might be reduced proportionately.
Contributory Negligence: In some jurisdictions, if the plaintiff is even slightly at fault, they may not be entitled to any compensation.
Failure to Mitigate Damages: A plaintiff is expected to make reasonable efforts to minimize the impact of their injuries. Lack of such action can reduce compensation.
Punitive Damages: An Exception
For cases with especially reckless defendant behavior, punitive damages might be awarded. While compensatory damages focus on the plaintiff’s losses, punitive damages are to penalize the defendant and deter similar behavior. Due to their potential size, many jurisdictions have limits on punitive damage amounts.
Receiving Damage Payments
Upon reaching a settlement or receiving a court verdict, the compensation is provided via a check. However:
Lawyers working on a contingency fee basis will receive a portion, often around 33%, of the compensation.
Health insurers or medical providers might hold a lien on the award, ensuring they reimburse for medical costs linked to the injury.
