Bodily Injury Damages Types
When an injury to the body is caused as a result of someone else’s wrongful act or negligence, the injured person is entitled to recover as compensation the damages of such acts. However, for the purposes of compensation, these bodily injury damages must be reasonable. Reasonable is a legal term that is vague to laypeople. It is therefore of importance to seek legal counsel to pursue bodily injury damages types against the insurance company. The insurance company and their attorneys for hire will use the vagueness of the term reasonable against the victim by contesting what appear to indisputable facts, injuries and medical bills.
The first thing to know is the difference between damages and detriments. Damages are a legal remedy awarded by a court of law to compensate a person in monetary terms who has suffered or is suffering from a detriment as a result of someone else’s unwarranted or negligent act. A detriment covers the potential personal (not necessarily physical) loss or harm as well as that of property.
Personal Injury Special Damages Versus General Damages
Special damages are monetary losses that include medical and related expenses, loss or cost of services as well as loss of income. They are describes as “tangible, economically quantifiable costs”. This type given its content can be documented by receipts, bills, checks and business and wage records. From their name, general damages refer to the general harm and loss including pain, suffering and emotional distress. This type alco incompasses other types and forms of detriment often constituted as subjective or not directly quantifiable. After filing for special damages and upon their approval, generals are therefore presumed. However, obtaining proof for special damages is NOT required of an injured person trying to recover general damages.
Bodily Injury Non-Economic Damages
Economic damages refer to monetary losses that can be verified without biases such as medical expenses, costs of repair and replacement, loss of earning and employment, and various other reasonable costs. Who is liable? It is the individual who initially committed the wrongful or omission act (tortfeasor) is liable for the economic damages suffered by the injured, whether jointly or severally. Economic and special damages may be as well the same, however, the terms have not been judicially assert to be synonymous. Unlike the objective requirement for economic damages, non-economic damages are subjective. From their name, they include non-monetary losses such as pain and suffering, emotional distress, inconvenience, humiliation and loss of society and companionship. Who is liable? The maximum amount awarded for non-economic damages the defendant (tortfeasor) is liable for is $250,000. However, the defendant is only liable for the amount allocated to him/her based on his/her percentage of fault.
Caluclating Future Personal Injury Damages
Future personal injury damages refer to detriment that are certainly believed to occur in the future. The important key to such claims is proof of reasonable certainty that these damages will occur in the future. Future detriment may be distinguished from future suffering caused by an existing (current) detriment. Compensation for such detriments is determined through the present money value, regardless of their future value. Since the future is uncertain and our outlooks frail, it is necessary to for the victim to obtain expert testimony to prove these types of damages.
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Prove Your Case With a Bodily Injury Damages Attorney
Serious injuries happen each and every day. When any type of bodily injury is caused by the careless or negligent actions of someone without justification, there may be legal recourse to recover bodily injury damages in the form of monetary compensation. In most instances of auto accident, slip and fall, or other type of negligent scenario, liability insurance exists to pay the victim to protect the negligent actor.
Insurance carriers are large, rich and sophisticated. If yo have been hurt on the roadway or in any other instance, it is extremely important to not face the insurance adjuster without adequate sophistication of your own. Consulting with your own bodily injury lawyer is the first step to learning your rights and how to protect yourself, your family and your future.
The Napolin Law Firm is a powerful group of plaintiff litigation attorneys ready to fight the insurance adjuster for their clients. Regardless of what bodily injury damages types are required in your case, Napolin is powerful and willing to go at it with the insurance attorney to achieve higher compensation for his clients.
Get a free discussion with a lawyer and no win = no fee billing. Napolin and his trial lawyers are standing by to help you, right now!