Personal Injury & Damages

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Personal Injury

Where there is an injury, there are damages for sure! Well fate is almost out of our control and can’t be predicted. Almost everybody wants to stay out of trouble. But every now and then people are getting hurt from both natural and other reasons.

But are all damages same? They are not. Damages are classified as following:

  1. General Damage: These damages can be measured with a value. Such as damage to property.
  2. Special Damage: It’s not like special damages can’t be measured by value. They can be, but not as precisely as general damages. Such as injuries. Injury damages are calculated through medical expense, missed wages etc. Injuries are defined in two separate categories too:
  • Physical Injury: Damage to physical body. Such as cracked bones, twisted ankle etc.
  • Mental Injury: Damage to subconscious mind. Such as stress disorders, compulsive disorders etc.

While the categories end here, there are still a lot more to know about personal injury damages. Here are some key facts in brief:

Economic Recovery

An economic recovery is a great way to recover from general and special damages. There are a few ways they can be recovered economically. Here are some recoveries the victim might be granted of:

  • Medical Expenses
  • Household Services Expenses
  • Lost Wages Recovery
  • Expenses for Permanent Disability

Damage Cap

This is a set of law which limits non-economic damages recovery amount.This may sound unfair but it actually isn’t. This law actually cuts down expense for the defendants or their insurance company. Serious damages may lead to a big amount of penalties. And this may occur a cycle of costs. So damage cap actually reduces the liability of service providers.

Replevin

This tough word means claiming and delivering. Replevin is used for revering wrongfully taken personal property. Replevin is applicable for a vast area of circumstances.

Wrongfully taken property is a part of general damages. And replevin is used to claim it back.

Calculating Damages

Estimating the exact amount of damages is not easy, especially for special damages. So you have to note down whatever expenses you face after the injury. And for special damages, try to rate them in a scale to measure the damages. Damages usually include the following expenses:

  • Doctors bill
  • Ambulance bill
  • Private nurse expense
  • Future losses
  • Work losses

In the End

“You can’t patch a wounded soul with a Band-Aid.”- That’s what Michael Connelly mentioned. So make sure to get an injury lawyer after an injury to recover how much you can. After all, it’s better to get something instead of nothing.

 

Stephen Zee

17 Comments
  1. Foley

    March 16, 2015 at 9:30 pm

    Pain and suffering damages are comprised of past and present discomfort that an injured claimant experiences as a result of an accident, injury, fall, defective device, or instance of medical malpractice. The concept can encompass everything from tenderness in the muscles and joint problems to ligament pain and more. The discomfort and injury need not be visible on the claimant. As such, physical evidence of a claimant’s pain and suffering is not necessary for a claimant to receive a damage award. Although, visible, tangible indications of an injured claimant’s pain and suffering bolsters his case significantly.

  2. Lauriel

    March 17, 2015 at 2:42 am

    There are two advantages to contingency fees: A contingency fee costs you nothing if you win no money, and your attorney is motivated to get the biggest award possible because he or she also stands to benefit.

    The primary disadvantage to contingency fees is that you may not feel as if your lawyer has earned his or her fee if your lawyer is quickly able to secure a large settlement on your behalf.

  3. Dobson

    March 18, 2015 at 12:32 pm

    Hourly billing rates are far less common than contingency fees in personal injury lawsuits. They are less popular because they require injury victims to pay cash up front, at a time when money may already be tight. They are also less popular because, if the case is won, the attorney makes less money than he or she might make if handling the case on contingency.

    • STRUCTURED SETTLEMENTS

      April 5, 2015 at 5:03 pm

      The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. If a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may suddenly become known to the entire community, nation, or even to the world.

  4. Grohl

    March 19, 2015 at 5:15 am

    Just because the prognosis or treatment of an injury may require a few months, that does not mean that a personal injury claimant must wait for a year or two before receiving any funds from a settlement. In today’s marketplace, lawsuit funding professional underwriters can access the case and help an eligible personal injury claimant obtain advanced funds on a future settlement award with litigation funding. Each case must be carefully evaluated before pursuing this remedy.

  5. Davidson

    March 20, 2015 at 11:31 pm

    With an hourly billing rate, you pay your personal injury lawyer for every hour that he or she works on your case, regardless of whether you win or lose. You are also responsible for reimbursing the lawyer for an expenses incurred.

  6. Stephen S.

    March 21, 2015 at 4:23 pm

    The first year of a personal injury lawsuit is usually dedicated to the claimant’s injury and diagnosis and treatment of that injury. Any attorney hired by the injured party will conduct an initial case investigation and begin compiling key case records. The defendant(s) and any insurance companies are notified by the claimant’s counsel of the claim during this first year. The actual lawsuit may be filed. Counsel also starts the case valuation process.

  7. Danny H.

    March 22, 2015 at 7:40 pm

    By far, most personal injury attorneys charge their clients a contingency fee. With a contingency fee, you only pay the lawyer if he or she is able to negotiate a monetary settlement or win a judgment on your behalf. If you receive no money from the party responsible for your accident, then the lawyer collects no fee. If you win, you’ll also be responsible for any expenses the attorney incurred in preparing your case. Many personal injury lawyers will waive the expenses if the case is lost.

    • STRUCTURED SETTLEMENTS

      April 5, 2015 at 5:52 pm

      As the media is much more apt to cover a lawsuit than to cover its ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery.

  8. Raft

    March 23, 2015 at 10:19 am

    By promptly and fully disclosing preexisting injuries in personal injury claims, and by arguing that those injuries weakened the plaintiffs’ condition rendered them more susceptible to new injuries, personal injury attorneys compare medical records and use prior injuries to the client’s distinct advantage. This results in recovery of the appropriate amount of damages to which the client is entitled.

  9. Corny

    March 24, 2015 at 7:03 pm

    Keep in mind that companies which buy structured settlements intend to profit from their purchase, and sometimes their offers may seem quite low.

  10. Hailo

    March 25, 2015 at 3:04 pm

    As a consequence, depending upon where you live and the terms of your annuities, it may not be possible for you to sell your settlement.

  11. Aro

    March 26, 2015 at 2:04 pm

    Also, some insurance companies will not assign or transfer annuities to third parties, to discourage the sale of structured settlements.

  12. Fuchs

    March 27, 2015 at 7:04 pm

    About two thirds of states have enacted laws which restrict the sale of structured settlements, and tax-free structured settlements are also subject to federal restrictions on their sale to a third party.

  13. Prislin

    March 28, 2015 at 9:04 pm

    If you have a structured settlement, you may have been approached by a company interested in purchasing your settlement, or may be curious about selling your settlement in return for a lump sum buyout.

    • STRUCTURED SETTLEMENTS

      April 5, 2015 at 5:33 pm

      Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the allegations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible downside should be considered when deciding whether or not such litigation should be attempted.

  14. Follin

    March 29, 2015 at 6:04 pm

    Many standard investments will give a greater long-term return than the annuities used in structured settlements.

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