Types of Damages in Personal Injury Cases
The damages for personal injury cases (the amount you can be awarded) vary greatly and can include pecuniary and non-pecuniary damages (cash and non-cash damages). There are a number of different considerations a jury (or judge) is supposed to consider when determining the damages in a personal injury case.
The medical care and medical supplies resulting from the injury will be factored, as well as any anticipated future medical care. Typically there will need to be medical testimony and evidence about existing and future expenses. The amount of this award can be quite significant depending on the nature and extent of the injuries sustained.
A jury or judge in awarding damages in a personal injury case will also consider if the plaintiff lost work or will lose work as a result of the injury. Lost wages can also prove to be a significant award if the jury and/or judge conclude that the injury was sufficient enough to preclude the plaintiff from working. If the plaintiff's earning capacity has been diminished permanently, the jury or judge should consider what the likely income of the plaintiff versus his or her current earning capacity.
Other factors considered in the award include: pain and suffering, discomfort, mental stress, loss of services, and punitive damages (an award meant to punish the defendant for their actions and deter others from doing the same).
A jury is instructed not to anticipate future pain and suffering or damages. Further, a jury is also instructed to consider contributory negligence. If for example there is more than one defendant or perhaps the plaintiff's actions directly contributed to his or her injuries, juries in most jurisdictions will take this into consideration.
Personal injury lawyers, car accident attorneys, and workers' compensation lawyers are familiar with the ins and outs of civil injury law. If you are interested in pursuing legal action against another party, speak with a lawyer to find out if you have a case.
About the Author: Freelance writer for legal education.
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Print Article | Download PDF | 23 views | Aug 21 2008
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