The party who wins a personal injury claim is entitled to receive money from the defendant, this money is called compensation. However, there are two categories of compensation: for damages and for punitive damages.
Compensation for damages attempts to compensate the victim for the loss suffered and restore the situation in which she was before the injury. On the other hand, punitive damages are intended to punish the defendant for her actions to prevent a repeat of the conduct that caused the injury.
There is no guarantee that you will receive compensation that will cover all the costs of your damages, pain or suffering. However, you can improve your chances by working with the appropriate legal team.
When you are choosing a personal injury attorney you need to ask potential candidates if they have handled cases similar to yours.
Depending on the type of damage you’ve suffered, your medical expenses could range from nominal to billions of dollars. Your biggest chance to recover through compensation is working with experienced and skilled personal injury lawyers near Reno, NV.
There are two categories of compensation for damages, one of them is special damages and general damages.
Special damages compensate the victim for monetary loss related to the injury, such as medical expenses (past and future or for the rest of his life), lost wages (due to absence from work), and the disability itself of the victim to generate new income, as well as property damage.
On the other hand, there are general damages, which are less specific and do not have a specific monetary value. Some typical categories of general damages include suffering and pain (caused by some pain, scar, or loss of emotions). The loss of the spouse is also described.
The second type of personal injury that can be awarded is punitive. These damages are rarely awarded but are generally achieved only if the plaintiff is able to prove a pattern of repeated misconduct by the defendant or to show that the defendant’s conduct was particularly egregious.
In most jurisdictions, the decision to award punitive damages to the plaintiff is made by a jury. If granted, the decision is often submitted for the approval of a judge, the latter having the power to increase the sum or, if he considers that the jury’s decision does not conform to the facts of the case, reduce it.
Whenever you suffer harm caused by someone else’s negligence, recklessness, or carelessness, you should determine if you are eligible to file a personal injury lawsuit and recover for the damages caused by the at-fault party.
One of the aspects directly related to personal injury compensation that all plaintiffs need to consider is the principle of harm reduction. This doctrine establishes that a plaintiff must take reasonable measures to avoid future injuries after suffering an incident caused by the accused.
The theory behind the principle of harm reduction is that it is not fair to hold a defendant liable for something that the plaintiff could have controlled. Simply put, the victim must undergo a reasonable medical procedure to reduce the duration of the effects of the injury.
Suppose Mark breaks his elbow in a car accident in which the defendant was negligent. After the incident, Mark’s doctor informs them that he must undergo surgery in order for him to heal very soon.
Mark then decides not to undergo surgery and, as the doctor warned her, she often feels pain. According to the principle of harm reduction, the defendant is not responsible for the pain that Mark suffers since he decided not to undergo the surgery.