In personal injury cases, companies and people who are held liable for an accident or injury pay plaintiffs. Damages can be agreed on after negotiations, or can be ordered by the court following a trial. In this guide, you will find an explanation of personal injury damages, and you will learn how awards may be affected by a plaintiff’s activities.
Most damages awarded in personal injury cases are considered “compensatory”, meaning that they compensate the plaintiff for their losses. These awards are intended to get plaintiffs back to where they were before the accident. It can be difficult for Sevey Donahue and Talcott LLP to put a dollar value on an accident’s consequences; some losses, such as medical bills and property damage, are easy to valuate. Below is a list of common compensatory damages:
1. Medical bills – Personal injury damages usually include the cost of accident-related medical care. These damages encompass treatment already received, and payments for future medical expenses.
2. Lost wages – Plaintiffs may be eligible for compensation for effects on wages and salary -; not only for income already lost, but for future income potential. According to a Personal Injury Attorney in Roseville CA, an award based on potential income is considered compensatory for a victim’s lost earning capacity.
3. Property damage – If clothing, vehicles and other belongings were damaged, a plaintiff may be entitled to repayment for repairs or replacement of the lost/damaged property.
4. Pain and suffering – A plaintiff may be eligible for compensation for pain suffered during and immediately after the accident, and for pain that endures afterward.
5. Loss of enjoyment and consortium – When accident injuries keep a plaintiff from enjoying hobbies, they may be able to receive damages. Loss of consortium refers to the negative effects on a plaintiff’s marital relationship. In some states, these damages are given to the affected relative, rather than the plaintiff.
In certain cases, a plaintiff’s recovery can be affected by their actions (or inaction) following an accident. Plaintiffs have a duty to mitigate damages, and can lose some or all of a settlement by failing to fulfill that duty. For instance, a plaintiff should seek medical treatment immediately after an accident, so as not to make the injury worse. A Personal Injury Attorney in Roseville CA can advise you as to your legal rights, and he or she can help you file your case quickly to ensure the maximum recovery.