Whenever someone suffers an injury or a loss as the result of another party’s actions, he or she deserves to collect monetary compensation, or damages. In fact, not only do personal injury victims deserve to claim damages, but they also have the legal right to do so. If they can prove that certain, justifying factors were present at the time of the accident, then they will be awarded compensation by the court system.
Proving Responsibility
In order to make a successful damages claim in a personal injury case, you must prove that someone else’s negligent actions were the cause of your suffering. Typically, you must prove that all of the following were present in your situation:
- The erring party owed you a certain duty of care
- This duty of care was breached
- As a result of this breach, you suffered an injury
- The injury had a certain monetary value associated with it
An experienced personal injury lawyer can help you successfully determine and justify liability in your personal injury case.
Types of Damages
There are various types of damages that personal injury victims may be eligible to recover, depending on their specific situations. In general, they may be awarded compensation for any of the following:
- Pain and suffering
- Emotional pain
- Medical expenses – past, present, and future
- Loss of wages
- Disfigurement/permanent disability
- Loss of companionship
- Loss of life enjoyment
Not only that, but if the victim suffers from a particularly offensive criminal action, then he or she may also be granted punitive damages. This special type of award serves not to compensate the victim for losses, but rather, to punish and reform the erring party. The hope is that punitive damages will serve to discourage the offender from taking the same course of action in the future.
