Individual victims who suffer personal injuries often want to know how they can seek monetary compensation for their injuries. Innumerable factors can influence the outcome of a personal injury case. Every injured victim needs to substantiate their legal claims and make sure that documentary evidence is used to support the total damages amount asserted in the civil lawsuit.
Economic damages are objective and refer to losses which can be measured by scrutinizing bills, records, and other documents. Some common examples of economic damages include property damage, lost earnings, and medical bills. One of the primary factors in any personal injury case is the amount of economic damages claimed by the injured party. It is essential to have an accurate and reliable accounting of the total economic damages amount before defense counsel begins attacking the injured party’s claims.
Although medical bills comprise a large portion of the total economic damages, it is procedures such as surgeries which may cause medical bills to become exorbitantly large. It is essential to keep a record of all your medical treatment as well as any oral statements made by the medical providers. These documents will be used to strengthen your personal injury case.
Non-economic damages are more difficult to ascertain than economic damages. These types of damages refer to harm suffered by the victim that is personal to the victim. For example, pain and suffering is one of the most common types of non-economic damages claimed in personal injury cases. However, two individuals may experience the same accident and yet have different reactions to the pain. Loss of enjoyment of life and emotional distress are also types of non-economic damages.
It is essential to have a personal injury lawyer help you determine the approximate amount of the non-economic damages figure. Many different factors may influence this total, and having legal counsel on your side will help you present the best case possible under the circumstances.
Punitive damages are awarded in a small amount of civil lawsuits. For a court to award punitive damages, the defendant must have engaged in willful, wanton, or malicious conduct. Also, punitive damages are designed to punish the defendant and to deter the defendant from committing the same egregious conduct in the future.
Oftentimes punitive damages are awarded when the defendant harms society as a whole. For example, a chemical plant which pollutes a river and harms thousands of people in a community may be forced to pay punitive damages. A skilled personal injury attorney can inform you if it is possible for you to claim punitive damages in your case.
Civil Litigation is Challenging
Defense counsel will scrutinize everything the plaintiff does during civil litigation. The total damages amount the injured victim claims will be analyzed by opposing counsel, and they will argue that the plaintiff is entitled to zero damages. The adversarial nature of civil litigation can be difficult for some individuals to process as they observe their cases move through the courts. However, it is essential that you understand how being confident, prepared, and diligent can help you enforce your legal rights and seek financial compensation for your injuries.