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This content is for informational purposes only and is not intended to provide legal advice.
If you’re thinking about filing a personal injury lawsuit after being in a car accident or other type of personal injury, you’re likely wondering what your case is worth. Your attorney will help you determine the “damages” of your case, or the mental, physical, and financial toll the accident has taken on you. A careful assessment of your case will also let you know if the driver at fault should be punished.
Money damages may be paid to you if you’re hurt in the accident. You’ll receive these payments from the individual or entity liable for the accident. The defendant can make these payments personally or through their insurance company. You can agree to a settlement once an amount is decided upon that you and all lawyers and insurance companies are satisfied with. If your injury lawsuit makes it to trial, the judge or jury will award your damages to you.
Knowing the different types of damages in your injury case and how your damages will be awarded can be impacted by your actions or lack of action.
Compensatory Damages
Personal injury damages are usually deemed “compensatory” which means that they are intended to compensate the victim for all losses on the injury or accident. This financial award is meant to restore the plaintiff as much as possible as it pertains to money. Are damages are easy to determine such as reimbursement for medical bills or property damage. However, it’s not always easy to put an amount on the pain and suffering a victim has experienced. Pain and suffering can include a victim’s inability to engage in certain hobbies or everyday activities due to their physical limitations after the accident.
Punitive Damages
In situations where the defendant acted in a way that was reckless or intentionally harmful, a victim can also receive punitive damages in addition to compensatory damages. Punitive damages are meant to teach the defendant a lesson and are not intended to restore the plaintiff.
The plaintiff does receive punitive damages, but the overall goal of the damages is to make the defendant pay for their actions by affecting their finances to discourage them from being reckless again. Punitive damages can often be millions of dollars but there is a cap on these damages in most states.
How the Plaintiff’s Actions Dictate Their Financial Award
Sometimes, the plaintiff’s role in the accident or the plaintiff failing to take action after the injury can lower the number of damages received.
If the plaintiff is at fault in any way for the accident that led to their injuries, there’s a chance that the damage award will reflect the plaintiff’s liability. Most states follow the “comparative negligence” rule which connects damages to the degree of liability in the personal injury case.
In some states, plaintiffs will have to adhere to contributory negligence. This means that if you’re the plaintiff, you may not be able to receive any damages if you’re liable for the accident in any way.
Once the accident occurs, if you don’t mitigate damages, you may receive less of a financial reward. You’ll have to take reasonable steps to minimize the financial harm the accident has caused you. If you simply sit back and fail to get medical treatment for your injuries and your injuries worsen, you may not receive as big of a financial reward as you would if you started getting treatment immediately after your accident.
Personal injury cases are very serious. If you or a loved one were hurt in an accident, you must seek medical and legal treatment as soon as you can. Morelli law firm in New York is one of the teams of qualified attorneys who will walk you through each step of the process in your injury case. Your attorney will work to collect sufficient evidence to support your case and help you get the settlement you and your loved ones deserve.
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