Monday, October 25

Personal Injury Lawsuits: Kinds of Damages that the Injured Party Can Recover

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If you are thinking about filing a civil lawsuit, the term “damages” is something you will often hear. Civil damages are the amount of money you may receive in a settlement or court award. They are categorized into compensatory, nominal, and punitive damages. An Albrecht Law lawyer can estimate the amount you can claim according to the damages you incurred because of your injury. They will ask you to bring relevant documentation to your first meeting such as hospital and doctor bills, emergency transportation bills, paycheck stubs, and more. Bringing as much documentation as you can will help the lawyer come up with an accurate estimate of your possible settlement.

Kinds of Damages You Can Recover in a Lawsuit

Depending on the specific facts in your case, her are damages you may be able to recover:

  • Compensatory damages. This refers to the compensation you will get for an injury or accident that resulted from the negligent action of another party. To pursue these damages, you must determine if there was a duty that was breached by the liable party. In a legal claim, you must consider factors such as the hardship caused, the other party’s negligent behavior that contributed to your losses, and if you can tie your losses to a certain amount.
  • Nominal damages. Typically, you will get these damages if you establish that you sustained harm because of actions of another party, but a judge or jury deemed your injury minimal.
  • Punitive damages. These damages are meant to punish the at-fault party for their malicious or willful actions that harmed you. It aims to dissuade this party from engaging in the same behavior again and discourage others from engaging in it.

Kinds of Compensatory Damages

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The following are compensatory damages recoverable in a lawsuit:

  • Economic damages. These refer to any costs related to your injury that a paper trail can show. Such costs include documentation such as bills, receipts, and others. Your future lost earning capacity and medical expenses are also economic damages that can’t be approximated using documentation.

Your attorney may need to bring in a medical expert to provide testimony to prove your future economic damages.

  • Non-economic damages. This type of damages will compensate you for your pain and suffering, emotional anguish, loss of enjoyment, and other losses that you will incur because of your injury. The value of these damages is determined based on your total economic damages’ value.

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