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Compensatory Damages in Personal Injury Cases
There are a great variety of categories of compensatory damages that may be awarded to a defendant or defendants in personal injury cases. The discretionary power of the jury or judge, barring a successful appeal process, is absolute in determining the breadth and the width of types of compensation for incurring one or more of the numerous classes of injury that the law has heretofore inventoried.
That is one reason that litigation in personal injury cases can continue for weeks and months. There are experts in numerous fields like medical, law enforcement, insurance and engineering, to cite but a few of the types of authorities that may be summoned to testify in any such legal proceeding.
The wealth of technical information and evidence that the judge and jury are often tasked to consider when rendering their award for compensatory damages in personal injury cases can make exacting demands on otherwise layman in determining fault.
Somehow the inherent magic of the legal system usual finds a way to justice for all parties, whether or not they may accept a given verdict. Though often railed against, the legal community should be commended for the preceding.
A recent example of the types of compensatory damages that might be sought by a claimant in a personal injury case comes from Middlesex County, New Jersey. A law suit was filed there against amusement park operator Morey’s Pier in Wildwood. A teenage was severely hurt on Chance Rides’ Sea Dragon ride due to the alleged negligence of Morey’s in their lack of proper maintenance.
A big steel decoration had long ago been cited by manufacturer Chance Rides to Morey’s as a potential hazard. Yet their warning appeared to go unheeded, resulting in ongoing physical and emotional injuries to the child who is represented in the recently filed lawsuit.
Armchair lawyers will anticipate stiff compensatory damages for the pain, suffering and continuing emotional distress to be awarded by the judge and jury to the child’s guardians.
That is just one small example and the tip of the iceberg in this vast legal category. Often complex and vexing legal battles will ensue in order to determine the due and proper compensatory damages that are to be granted to a plaintiff in the above illustration of a personal injury case.