Personal injury law defines “damages” as the losses after a car accident that can be compensated for. If you are ever involved in a car accident, you should hire a personal injury lawyer. This person will inform you of the damages that you can recover in a lawsuit.
When you file a personal injury lawsuit, you are having the jury and judge hold the defendant legally responsible for all monetary damages (bodily injury and property damage) that you have incurred because of your car accident. Your personal injury lawyer in Inglewood will educate you about the different types of recoverable damages under personal injury law. He or she will also inform you that you can recover these damages without filing a personal injury lawsuit.
How personal injury law defines recoverable damages
Personal injury law calls these types of damages compensatory damages. They include:
● Past and future medical expenses
● Lost income
● Future lost wages including those caused by disability
● Pain and suffering and vehicle damage
Your personal injury lawyer will tell you that you don’t have to go to court to be awarded compensatory damages.
How are compensatory damages calculated?
Your personal injury lawyer will tell you that the amount of the damages you get is calculated by the extent that you were responsible for the accident in relation to the plaintiff. These are the following factors that affect the monetary amount of your final settlement:
● The total dollar amount of the plaintiff’s medical expenses
● The cost of all future medical expenses
● The amount of income lost by the plaintiff
● The extent to which the plaintiff is unable to work because of physical injuries resulting from the accident.
● Does the plaintiff suffer from any degree of disability because of the accident?
● Does the plaintiff suffer from any type or degree of pain and suffering because of the accident?
Do you have a car accident claim or lawsuit?
You don’t have to file a lawsuit to get ‘compensatory damages.’ Simply filing a personal injury claim will do this. You may also receive a check for a lump sum. This is your compensatory damages. You’ll have to sign a release to receive the money. The release legally says that you can’t take anymore legal action against the plaintiff once you have received the settlement money. The release will assign damages into different categories based on their type:
● Total loss of vehicle. You’ll get a check for the market value of your car if it’s ‘totaled’ in the accident
● Special income – this includes medical expenses, lost income, and other factors that are easy to calculate
● General damages. This includes all damages and pain and suffering.
Don’t be surprised if you receive a different check for each of these categories of damages.You can indeed win recoverable damages in court.It is possible to win recoverable damages in court provided you hire a good personal injury lawyer. You also need to ask him or her the following questions:
● Is an expert witness necessary to verify the impact of the accident on your future earnings?
● How the court will assess the damages if both parties were guilty
● Can you win an award for damages if the accident occurred in a no-fault state?