Damages refer to the sum of money the law imposes for a breach of duty. The number of damages calculated in a personal injury incident will depend on the losses suffered by the injured party. Damages typically include medical expenses to treat injuries or the cost to repair damaged property.
Legal damages allow victims to recover compensation when they prove a defendant has breached their duty of care towards them or when they’ve committed a violation. If you’re unsure whether or not you’re entitled to damages, consider contacting Newport Beach personal injury lawyer Timothy J. Ryan for more information.
Types of Personal Injury Damages
Generally, there are three types of injury damages: general, special, and punitive. Punitive damages are awarded to punish negligent parties for damages they have caused. These damages may be awarded when extreme recklessness caused injury and are less common in personal injury lawsuits than general or special damages.
General and special damages are both considered compensatory damages. Compensatory damages aim to reimburse victims for their losses. These damages are sometimes considered “non-economic” and “economic” damages.
Economic Damages
Economic damages, or special damages, are specific costs that victims might incur as a result of their injury. Examples of economic or special damages are:
- Medical costs
- Future costs of medical care
- Lost earnings (past earnings and what the plaintiff will be unable to earn in the future)
Non-Economic Damages
General damages, or non-economic damages, are not so easily calculated. Some examples of general damages include:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement or dismemberment
- Mental anguish
Mitigating Your Damages
Even if your injuries resulted from the intentional or negligent actions of another person, you still have a duty to minimize your damages. Mitigating damages means that the injured party takes steps to reduce the effects and losses related to their injuries. When a plaintiff fails to mitigate his or her damages, a defendant can use that to reduce the amount the defendant must pay to the plaintiff.
Personal Injury Damage Regulations
The federal government and the states have placed caps on non-economic damages. These caps effectively limit the amounts you can recover. Certain states like California don’t use damage caps, except in cases of medical malpractice.
Statute of Limitations
Another law that can affect your access to a claim is the statute of limitations in your state. This statute varies from state to state, so it’s important to find someone familiar with the laws in your area. Most states give you two years from the time of the accident or recognition of your injuries to make a claim. If you don’t claim within the allotted period, your claim can be denied.
Independent Medical Examinations
When an injury claim is made, the person at fault or the insurance company will usually require the injured person to submit to an independent medical examination (IME). This medical evaluation usually needs to be completed by an unbiased, independent medical professional.
Damage Estimates
When seeking damages, the victim in a personal injury suit is required to provide a detailed accounting of their expenses and losses. This helps you organize your known costs and keep track of the expenses you’ve incurred because of your accident. This may include medical costs, car rentals, and paid assistance.
Hiring a Personal Injury Lawyer
Suppose you or someone you love has suffered harm or injuries because of someone else’s intentional or negligent actions. In that case, you might want to contact a personal injury lawyer in your community to discuss your legal options.
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