What Is Legally Considered A Personal Injury
In the legal field, a personal injury cannot just be used to describe a physical injury, but also an emotional or psychological injury. If such an injury is sustained during an accident involving other parties, then the plaintiff may have grounds to file a lawsuit and obtain compensation for their losses. The most common sources of personal injury lawsuits are motor vehicle collisions, slip and falls, defamation, animal attacks, and product defects. If the plaintiff chooses to take their case to court and wins, then they may be awarded additional compensation in the form of pain and suffering damages.
Understanding Compensatory Damages
When a personal injury lawsuit is successfully settled, it is the defendant who will have to pay compensatory damages for all the losses they have inflicted upon the plaintiff. There is a wide variety of damages which may be awarded to the plaintiff, depending on the circumstances surrounding the accident. Compensatory damages do not just extend to medical and rehabilitation bills, but can also cover other accident related expenses which have resulted from the defendant's negligent behavior. The laws and regulations surrounding damage awards differ on a state by state basis, which makes it all the more important that you obtain legal counsel as you build your case.
Examples of Claims Which Can Lead To Compensatory Damages Awards:
• breach of contract
• employment discrimination, workplace harassment, and wrongful termination
• personal injury
• premises and product liability
• wrongful death
If the defendant is proven to have intentionally inflicted harm upon the plaintiff, or if they are proven to have intentionally performed an act that is likely to inflict harm, then the court may also award punitive damages. You might want to talk with your ICBC Lawyers in Richmond to know more about the case. They will help to evaluate all aspects of the claim process and ensure that they represent your rights such that you get the highest amount of claim amount.
Losses Covered By Compensatory Damages
There are two forms in which compensatory damages can be awarded: special damages and general damages. Special damages serve the purpose of compensating the plaintiff for financial losses, whereas general damages cover all other losses. More specifically, general compensatory damages cover things such as medical expenses, income losses, property repair and replacement, and disability care expenses, while special compensatory damages cover things such as pain and suffering, compensation for emotional distress, funeral expenses, and compensation for permanent disfigurement and disability.
When calculating the height of compensatory damages, the courts will take the following factors into consideration: the age of the victim, the severity and nature of the injuries, the lost wages and earning capacity pre-injury, and the impact of the injury moving forward.