The party that wins a claim for personal injury is entitled to receive money from the defendant – read this blog post if you want some tips on how to further increase your chance of winning. This money is called compensation. There are two categories of damages: damages and punitive damages. Compensation for damages seeks to compensate the victim for the loss suffered and restore the situation that existed before the injury. Moreover, punitive damages are intended to punish the defendant for their actions to prevent the behavior that caused the injury recurring.
Compensation for damages
There are two categories of compensation for damages: special damages and general damages.
Special damages compensate the victim for monetary loss related to the injury. Typical categories of special damages include:
Expenses doctors-This type of damage can include medical expenses incurred in the past and anticipating the future. If the victim is believed to need medical attention for the rest of his life, the cost of such care is determined by the life expectancy of the victim.
Back lost wages This type of damage can cover lost income from work and the “loss of the ability to earn an income,” that is, the inability of the victim to generate as much income as it generated before the injury .
A property-damage against the victim is also entitled to receive compensation for damage to his property. Such compensation is determined based on the fair market value for the property at the time the damage occurred.
Special damages can be determined with reasonable certainty. Instead, general damages are less specific and have a specific monetary value. Some typical categories of general damages include:
Such pain and suffering-attempts to compensate the damage suffered physical pain because of the injury, but may also include emotional distress of the victim. However, it is harder to get compensation for emotional distress.
Loss of consort Such damage indemnifies the spouse of the victim for loss of marital companionship due to changes in mood, comfort or sex.
The second type of damages that can be awarded punitive damages are. These damages are rarely awarded. In general, only they obtained if the plaintiff is able to prove a pattern of repeated bad behavior or demonstrate that the defendant’s conduct was particularly egregious it.
In most jurisdictions, the decision to award punitive damages to the plaintiff is in charge of a jury. If granted, often the decision is subject to approval by a judge. The judge can increase the amount or, if it considers that the jury’s decision does not conform to the facts of the case, reduce it.
One aspect of health care directly related to personal injury compensation to all claimants should know is the principle of harm reduction. This doctrine states that a claimant must take reasonable steps to prevent further injury after suffering injuries caused by the defendant.
For example, suppose Susan ankle fracture in a car crash in which the defendant was negligent. After the collision, the doctor tells Susan that must undergo ankle surgery to cure it properly. And he warns that if it does not undergo such surgery probably feel pain in his ankle for the rest of his life.
Susan decides not to undergo surgery, and as the doctor warned, often feel pain in the ankle. Under the principle of harm reduction, the defendant is not liable for Susan suffers pain since she decided not to have surgery. If Susan had performed surgery as the doctor had told him, he would have fully recovered.
The theory behind the principle of harm reduction is that it is not fair to hold a defendant for something that the plaintiff could have easily controlled. In short, the plaintiff must undergo a reasonable medical procedure to reduce the duration of the effects of the injury.
Enforcing the judgment
Finally, when a person makes a claim, the victory is not absolute. The defendant must still pay the damages, and this, as you might expect, not always done voluntarily. Generally, if the defendant has money or is covered by insurance, it is not difficult to obtain payment. This is simply because the defendant wishes to demand end to avoid that measures be taken to collect the money.
However, if the defendant refuses to pay or does not have the money, there are some steps that can be taken to obtain payment. In many states, a plaintiff can garnish the defendant’s wages (up to a certain percentage) to comply with the ruling. Some states allow a claimant to revoke the driver’s license of the defendant. If this happens, the license may only be reinstated after compliance with the ruling. In addition, some states allow the plaintiff defendant kidnap certain assets, such as bank accounts or accounts receivable, if the defendant is a company.
The process to collect compensation from a judgment varies by state. It is best to consult a lawyer experienced in credit right about specific methods.
Posted in Uncategorized by LenaAdminPerson with .