A personal injury lawsuit is one of the most difficult lawsuits a person can ever file, seeing that it directly relates to the bodily injury of the person filing it. Winning such a case or reaching a positive settlement is one of the most redeeming feelings in this scenario. However, there are some key things to keep in mind regarding compensation while filing your suit. You should consider speaking with a personal injury lawyer in Temecula CA or a city near you to see if you’re entitled to any compensation!
Damages In Personal Injury Cases
Damages include all the different types of payouts the defendant must make should they lose their case. Damages are requested by the plaintiff when they first file their suit and can be amended, provided specific terms and conditions are fulfilled. Generally speaking, there are two major types of damages”
- Compensatory damages
These are damages that are sought as a direct recompense to the losses suffered by the plaintiff due to the defendant’s actions, inactions, irresponsibility or just sheer negligence. Compensatory damages may include lost wages, opportunity costs, medical costs, costs of any equipment that may have been necessitated by the injury and other administrative costs incurred by the plaintiff as a direct result of the injury. Compensatory damages are usually the smallest number quoted in the sought damages. Seek out a specialized personal injury law firm to assist you in your case.
- Punitive damages
True to their name, punitive damages are intended as punishment for the wrongdoing meted out to the plaintiff. They are also intended as deterrents to future negligence; the defendant should take immediate corrective measures to ensure that such a mishap never happens again. Punitive damages can go into more than seven figures, as juries tend to sympathize with injured plaintiffs more than the defendants. Punitive damages too may be claimed in the initial suit but the jury may indeed choose to amend this figure as they see fit.
In many cases, the legal fees of your attorney can be included in your compensation, meaning that if you win the case, you need not pay your attorney’s fees yourself. This is especially helpful for cases that require expensive legal counsel, such as those of a brain injury attorney.The defendant pays all the court fees and the legal fees for your counsel in addition to any other fines that the court may deem fit. In settlements, this may be argued to be included over and beyond the settlement amount, but is often left at the lawyers’ discretion. Since in case of settlements it is mostly the opposing lawyers who interact and not their actual clients, the matter of fees may also be solved internally between themselves, without even involving the clients.
Although these are not strictly governed under the ambit of the law, part of the compensations may also be made in kind. Depending on the case, the personal injury lawyers may argue that the plaintiff cannot be suitably served by any set amount of money and so may make the case that the defendants take care of whatever expenses the plaintiff may incur for a set period of time (or in the case of particularly grievous instances, indefinitely). Usually, these are cases when the defendant really does not want to go to trial, thus giving the plaintiff plenty of leverage to force the outcome of the settlement.