Personal Injury Damages: What Can You Seek?

Posted by Adam R. Leighton on Oct 7, 2019 in Uncategorized | Comments Off on Personal Injury Damages: What Can You Seek? Personal Injury Lawsuit When you suffer an injury due to someone else’s negligence, you may not know all of the different damages that you can ask for. Most have heard of pain and suffering and suing over medical costs, but how much do you know about the damages? Here is a rundown of what damages are involved in a personal injury lawsuit. The Basics of Compensatory Damages When it comes to damages during a personal injury lawsuit, most people are going to seek compensatory damages. These are damages that compensate for what you lost due to the injury. They may include: Pain and sufferingLoss of propertyDistressConsortium lossLoss of income These are usually the damages that are easier for insurance companies and courts to calculate. The Basics of Punitive Damages The damages that you can seek when filing a personal injury lawsuit can also extend to punitive damages. You can collect punitive damages when the other individual’s actions were egregious. The idea behind punitive damages is to punish the defendant for what he or she did. This is to act as a deterrent to others and to the individual. Most states do have a cap on what you are allowed to seek when it comes to punitive damages. The Basics of Comparative or Contributory Negligence In some instances, your actions can affect what you are allowed to ask for. For instance, if you are partially at fault for your injuries, then you may not be able to ask for the full costs of your medical bills or pain and suffering. There will be a percentage taken away from your damages. Some states also recognize contributory negligence. This is when you cannot recover any compensation because you are also to blame for the accident. Fortunately, only a few states recognize this. Still, it is crucial to talk to a lawyer because of the risk of contributory negligence. In addition to comparative and contributory negligence, you have an obligation as the injured party to seek medical attention. If you take actions that worsen your injury, you may fail to mitigate the damages and would have to accept a lesser award. Personal injury lawsuits are in place for you to redeem the damages that you lose when you are injured because of someone else’s actions or because of their negligence. To find out what you can seek, talk to a personal injury attorney,...
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