While your attorney will do the work putting together your demand, it’s important to have a cursory understanding of damages in a personal injury case. Depending on the type of behavior that led to the injury, the damage claim will differ slightly.
Generally speaking, your attorney will work together with your physician in an attempt to quantify what are known as compensatory damages in a personal injury case. Essentially, the theory behind compensatory damages is you’re asking for an amount which is meant to make you whole again. Not only will your demand include a demand for medical bills and treatment associated with those bills, but any other amounts designed to reflect what you’ve been through as a result of the accident.
Additionally, your damages claim will reflect your physician’s opinion as to whether you will reach full recovery. Quite often this aspect of the claim is known as loss of enjoyment of life. If you’re not the same and never going to be the same as you were prior to the accident, your attorney will put a dollar amount on that.
Many clients and lawyers are intrigued by large settlements in personal injury cases. Quite often, those large settlements have a Punitive Damages element to the claim being made. That is, if the behavior of the defendant rises to the level of intentional or if the defendant is held to a higher standard of care than other defendants, a punitive damage claim is intended to deter the defendant from engaging in the behavior in the future.
Discuss It With Your Lawyer
Negligent acts give rise to compensatory damages when the plaintiff has been harmed. If the behavior can be shown to rise above negligence, punitive damages can often be assessed in addition to compensatory damages. Call a personal injury attorney today to discuss your case to make sure you’re protected, and to get a better understanding of the process. I can be reached at 704.749.7747.