When someone wronged you and his manner caused harm, the initial instinct (apart from revenge) is to call the authorities and your lawyer, perhaps. But, the bigger responsibility lies with moving forward with your life after damage has been done.
As victims, you also have the duty to study your case and work hand-in-hand with your attorney/s? To try and understand what’s going on is a step closer to winning.
Most victims’ concern would be how much is their case worth? Others would wonder what kind of settlement would they get. The compensation for damages and injuries is just one dimension of a personal injury case.
Here are important things that you must be aware of when battling a personal injury lawsuit.
1. What’s inside the personal injury turf?
Defined by most law books as injury inflicted to the body, mind and emotions either by intention or negligence, personal injury cases oftentimes fall under the category of a tort. When a person commits a tort, the victim (injured individual) can seek refuge and remedy from the courts of law.
There are two legal jargons that you must be aware of. The first is the term “plaintiff” refers to the individual that files the lawsuit or the victim. The “defendant” on the other hand, is the one being sued.
The most common types of personal injury has something to do with any of the following:
· road and traffic accidents
· work-related accidents and harassments
· assault claims
· product liability
· medical malpractice
2. What are compensatory damages?
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Many victims would skip want to skip the hardcore legal labyrinth and just go straight to what would be the compensatory damages will be – not necessarily because they are after the money, others just feel that this will trigger closure.
Compensatory damages are awarded in personal injury cases to make up for the financial and physical losses of the plaintiff. Remedies for personal injury can be in the form of money or restraining orders. Depending on the degree and type of injury, as a victim, you may be entitled to:
· medical bills
· lost wages or future loss of earnings
· property damage
· emotional distress
· loss of consortium
· cost of living with disability
· pain and suffering
· funeral expenses
The defendant pays compensatory damages once the plaintiff wins the case.
3. What are punitive damages?
This type of compensation is not to pay for any victim’s losses, but to punish the defendant or the wrongdoer for his willful, vindictive and malicious conduct. This can be sought along with compensatory damages.
Punitive damages are typically granted in cases when defendants are found guilty of “gross” recklessness or negligence.
4. How does personal injury calculator works?
The personal injury calculator is the jury or the judge. He has the power to assess and issue compensatory damage awards.
The jury does not just put figures outright based on pure judgment. There are several considerations such as plaintiff’s age, nature and magnitude of injuries, plaintiff’s capacity to earn prior to injury, income losses and impact of the injury to the plaintiff’s lifestyle.
The plaintiff or the victim must be also keen in safekeeping receipts, medical records, pay stub and testimonies of witnesses.
Most juries would put a “cap” to the amount that a victim is to receive. At any rate, it should be evenhanded and fair to the losses of the plaintiff.
In some cases, it could just be the defendant’s unlucky day. He might be asked to pay for deposition transcripts, court transcriptions, filing fees costs and even disbursement for translators.
5. What does a personal injury lawyer do?
It’s a no brainer that lawyer for accident compensation for a personal injury deals with personal injury. But, the term “dealing” encompasses a lot of workload.
Aside from the usual preparing of documents, putting together of pieces of evidence and court representation, the lawyer aims to “make you whole again”. Cheesy as it may sound, but there is an undefined moral obligation involved in here.
Filing of a personal injury lawsuit may be a complex and daunting task. If silence is not an option, it is best to hire a lawyer to provide you sound advice and proper representation before the court.
The Floor Is Yours
Have you been a victim of a personal injury? What predicaments did you have to overcome?
Share us your stories, battles, struggles and triumph. The comment box below is wide open for you.