The party that wins a personal injury lawsuit is entitled to receive money from the defendant. This money is called compensation. There are two categories of compensation: damages and punitive damages. The compensation for damages seeks to compensate the victim for the loss suffered and to restore the situation in which he was before the injury. On the other hand, punitive damages are intended to punish the defendant for his actions to avoid repeating the conduct that caused the injury.
Compensation for damages
There are two categories of compensation for damages: special damages and general damages.
The special damages compensate the victim for the monetary loss related to the injury. Some typical categories of special damages include:
This type of damage can include medical expenses incurred in the past and those anticipated in the future. If it is believed that the victim will need medical attention for the rest of his life, the cost of such care is determined by the life expectancy of the victim. The Pittsburgh Personal Injury Lawyers can take care of the lot.
This type of damage can cover the income lost due to absence from work, as well as the “loss of the possibility of earning a salary”, that is, the inability of the victim to generate the same income that was generated before the injury.
A victim is also entitled to compensation for damage to his property. Such compensation is determined based on the fair market value of the property at the time the damage occurred.
Special damages can be determined with certainty. In contrast, general damages are less specific and do not have a specific monetary value. Some typical categories of general damages include:
Pain and suffering
This type of damage attempts to compensate the physical pain suffered because of the injury, but it can also include the emotional suffering of the victim. However, it is more difficult to obtain compensation for emotional suffering.
Loss of consort
This type of damage compensates the spouse of the victim for the loss of the marriage company due to changes in mood, comfort or sexual relations. You can search here for Injury Lawyers near me here.
The second type of damage that can be awarded is punitive damages. These damages are almost never granted. In general, they are only obtained if the plaintiff is able to prove a pattern of repeated misconduct by the defendant or demonstrate that the defendant’s conduct was particularly egregious.
In most jurisdictions, the decision to award punitive damages to the plaintiff is handled by a jury. If granted, the decision is often subject to the approval of a judge. The judge can increase the amount or, if it considers that the decision of the jury does not adjust to the facts of the case, reduce it.
Reduction of damages
One aspect of health care directly related to compensation for personal injury that all claimants must know is the principle of harm reduction. This doctrine establishes that a plaintiff must take reasonable measures to avoid future injuries after suffering the injuries caused by the defendant.