How do Damages Get Established in Torts?

Damages in personal injury cases do vary, and it’s important to understand that they do vary in terms of what you might have to pay, and what’s considered damages. Here, you’ll learn about damages in each case of torts. 

Personal Property 

This is usually valued between the market value differences before the injury happened and afterwards. 

If it’s destroyed, it’s just fair market value of the item, and it might also include the costs of the repairs as well, but that of course, will not exceed the value of the property as well, especially if there is economic waste factored in, so essentially if the item is cheaper to replace, then it’ll get replaced. 

Damages to Real Estate 

This is typically the difference between the value of the land prior to and then after the injury occurs. If it’s only a temporary injury, then the damages will show the cost of the property repairs which also will include the value the property had during the recovery period and the diminution of the value as well. 

In the event of torts being nuisances and it ends up being permanent, then the damages will then be assessed and then the damages up to that moment as well will be factored in. 

If the nuisance is a temporary one, then the person who was injured can also bring forth a subsequent action for the injuries that were sustained, and typically when there is a temporary nuisance, the recovery is for the damage that’s kept up to the point of it, but not for the losses of this either. 

Earnings Lost

The loss of earnings in the future is typically determined by the evidence of the wages lost for some period of time, and the future period of time in which the wages will be further diminished or lost, and typically it’s the gross amount. Retirement, social security, and contributions or withholdings may not be used to lower the recovery of the lost wages. 

The Loss Of Consortium 

This is when there are consorting services and relations that are there. This is usually only available to the husband for the loss of this, and if there is a minor child involved, there might be a claim recognized for loss or even impairment of the consortium, and the damages are then calculated to that value. 

Wrongful Death 

This typically is new to the law, but if the tortfeasor was better to kill than injure them, then the victim’s family wouldn’t have the civil remedy for loss at this point. However, in this day and age every state does have statues that attach the civil liability that goes with wrongful death, or by providing that the claims will survive the “death” of the person that is there. 

The damages will then go to the estate and then are subject to the creditors and estate claims that are there. anything that’s left will be given to beneficiaries of the will of the decedent if they have one.

Damages after this point will then go to the survivors, particularly the victim’s family, but they may not be beneficiaries in the will itself. In that case, they then won’t be subjected to the creditors or the estate as well.

When it comes to torts, there are very specific factors to consider with everything, and it’s very important to look at every single side of everything that’s going on there. For those looking to get the right claims, this is important to know, since it plays a part in all of this as well.

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