Whether it’s an accident, workplace injury, or a slip and fall, you want to get damages. Here, we’ll go over some of the damages that you might get from this.
An Explanation of Damages
So when it comes to damages, you’ve got three types.
First are economic ones.
The next are punitive damages.
And the third are non-economic ones.
Economic damages are also called special damages. Non-economic is generally called general, and usually are in the compensatory damages area of this.
Compensatory damages essentially are damages that are paid to make up for losses and injuries, or harm that’s been sustained by the person that’s claimed it as a result of the breach of care and duty, which caused injury, loss, and any other type of harm.
These types might be given if there is a negligence claim that also comes with a tort law.
Personal injury cases that are based with negligence at the forefront may give economic damages versus non-economic ones, but the punitive ones are only given in more serious cases.
Damages Vs. Punitive Damages
So what’s the difference between these.
Legal damages are monetary damages that usually are a sort of material, and the compensation is then given to the person got injured, and are paid by the party at fault.
They’re a sum of money the law puts on cases when there’s a breach of duty, or a violation that’s made by the party liable.
The purpose of awarding damages can be varied based on the circumstances, and of course the levels of negligence. It can be done as restitution, or even penalties for both sides. For example, if the damages are compensatory, it can be done to make up for the injured party and the loss of such, requiring those at fault to pay for the damages or any other losses which have been suffered.
Punitive damages are done to penalize the party that’s liable for the action they did that’s wrongful, and of course to stop it from happening again in the future.
Typically, personal injury is economic along with non-economic, but there are cases where they may need to give punitive damages based on the ones in the contract, or maybe the court may award it.
However, usually punitive damages are rarely used in personal injury.
The Must for Demonstrating Negligence
If you want to bring a case action against someone, they must of course, be ready to prove it, and the plaintiffs must know the damages that are available.
If there is a complex case at hand though, this can be hard to prove the exact monetary amount for damages for this.
Determining the value that you get from these damages is challenging for a lot of people, which is why they don’t do it without a personal injury attorney to help with this, since they can calculate the monetary value in terms of both expenses, and the losses that you have.
With this too, you want to be able to establish that there was negligence, where they fail to use proper care and as a result, they injure other people.
It is important that you make sure that as a plaintiff you provide enough of this, since in a lot of cases it can help prove that the person who is the defendant does breach the proper duty of care standards, and that the plaintiff is able to show that the failure of this is what caused this.
When it comes to personal injury cases, you should be ready to prove this factor.