Personal injury is one of the most common types of lawsuits filed all across the United States. Part of the reason why is because personal injury covers such a wide range of lawsuits. As a broad definition of personal injury, it occurs when a party (a “defendant”) either by negligence or deliberate action caused definable and financially quantifiable harm to another party (a “plaintiff”). The plaintiff then hires a personal injury law firm in the jurisdiction where the incident occurred and sues the defendant. For example, if a plaintiff was injured in Portland Oregon, the plaintiff would hire a personal injury law firm in Portland OR, and the lawsuit would also be filed in that city.
The aim of a personal injury lawsuit is financial compensation rather than a criminal conviction and the plaintiff will seek to show that the injuries were caused by the defendant and have caused financial damages and hardship for the plaintiff.
The harm alleged to have been caused by the defendant, may be to the plaintiff’s body, mind, or emotions, or all three. A plaintiff would seek financial damages for the harm caused by the defendant. Personal injury cases also have an allowance for if the defendant’s behavior has been particularly reckless or even designed to cause harm to the plaintiff. In this instance the plaintiff can seek additional compensation. In total there two types of damages or plaintiff can request and a personal injury lawsuit. Here are descriptions of both:
Compensatory damages are sought by the plaintiff for the payment of bills and other issues relating to the injuries caused by the defendant. These damages commonly fall into categories and include:
Compensation for Medical Expenses
One primary set of damages in a personal injury claim is for the medical expenses incurred by the plaintiff. This will include any medical expenses needed immediately and ongoing and will include doctor visits, surgeries, rehabilitation, therapy, and any other medical fees relating to the injuries suffered. Future medical expenses will be estimated and added to any compensatory damages.
Compensation for Loss of Income
The plaintiff will also seek compensation for the loss of any income resulting from the injuries caused by the defendant. Loss of income compensation also includes any future loss of income that the plaintiff may lose out on as a result of injury sustained.
Compensation for Pain and Suffering
The plaintiff will also likely suffer from pain and suffering both during the incident and after. This can include physical pain, as well as mental and emotional pain which can linger for sure it along.
Compensation for Loss of Enjoyment of Life
If the injuries caused the plaintiff to lose his or her ability to do things like have an active sex life, enjoy exercise or certain hobbies and other related issues, then compensation for loss of enjoyment of life is an area that will be included in the compensatory damages.
Compensation for Property Damage
The plaintiff may also have his or her property damage by the defendant and these expenses will be included in the compensatory damages.
Punitive damages are a different type of compensation that may be awarded to a plaintiff in a personal injury case. Punitive damages are a special type of compensation that is offered if the defendant exhibited a willful disregard for the health and safety of others including the plaintiff. Punitive damages are often awarded and car accident cases where the driver who caused the accident has suspended license or several DUIs. They’re also common and assault cases where the defendant was particularly violent. Unlike compensatory damages which 10 to be given based on guidelines, punitive damages are at the discretion of the judge and in many states do not have to follow any guidelines.
As a senior understanding the different types of compensation can assist you in getting the compensation you dsercve in a personal injury case.