How Much Can Be Recovered From a Personal Injury Case?
When a victim is planning on filing a lawsuit for a personal injury, they might be wondering “How much will I recover from my case?” Discovering exactly how much a case will be worth depends on the damages that the victim endured. The injuries endured will be assessed through the physical aspect, monetary expenses, mental anguish, along with any punitive damages that the court may order the defendant to pay.
With a personal injury case, the plaintiff is paid monetarily by the person, owner, or company that was found negligent and was the cause of the accident that resulted in damages. With a settlement, the plaintiff, defendant, and both lawyers will agree upon an amount of which they are both pleased with. With a settlement, the plaintiff would usually receive less than they would at a trial, for the most part. If the plaintiff is not sure whether they will win the case or not or does not have enough evidence to back up their claim, it is best to settle.
The best personal injury attorneys will decide whether the case is valid enough to make it to trial. The firm wants what is best for their clients and does not want them to miss out on the opportunity to recover for the damages they have endured.
Damages That Can be Awarded in Personal Injury Cases
There are different types of damages that can be awarded to the plaintiff of a personal injury case. Some of those damages include:
Compensatory Damages: These damages are awarded with the intention to make the plaintiff “whole” again from a financial standpoint. We know that no amount of money can ever rid the trauma or pain that a victim suffers from a personal injury accident, but the compensation serves its purpose. Compensatory damages consist of two types of damages: specific and general damages. Specific damages are those harms that can have a dollar figure placed upon it like medical bills and property damage, while general damages are harder to place a monetary value on it because it involves the pain and suffering of the victim. Some examples of compensatory damages include:
- Medical care and treatment bills
- Loss of income and of earning capacity
- Damaged property
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Loss of enjoyment of life
When a jury deems the actions of the defendant egregious or outrageously careless, they can sometimes award the plaintiff with “punitive damages”. These damages are not awarded for the purpose of compensating the victim, but rather in an attempt to punish the defendant and deter them from committing the same act in the future. Typically, caps have been placed on the punitive damages that a victim can receive.
Working to Obtain Maximum Compensation for Our Clients
The firm of Attorney Percy Martinez works to obtain the most amount of money for their clients. When a person’s negligent acts affect another person in a way of harming them, they can be found liable for their injuries and should suffer the consequences of their actions.