The legal term personal injury can refer to any form of injury that has been inflicted upon the body, emotions, or mind of a person during an accident. The victim of such an injury is generally entitled to take matters to court via a claim in order to receive compensation for their losses.
The most commonly found personal injury claims surround motor vehicle collisions, animal attacks, slip and falls on another person’s property, defamation claims, and injuries stemming from product failure. If a case is taken to court and won, the claimant will be awarded damages for their pain and suffering.
Complexity of Compensatory Damages
If the defendant is found liable for causing the claimant’s injuries, then they are required to pay compensatory damages to the victim. These damages are meant to cover all of the victim’s accident-related expenses, like their medical expenses, lost income and are not meant to serve as punishment to the defendant, unlike punitive damages. The height of the damages will be dependent upon a number of factors, including the severity of the injury, the seriousness of the long-term effects, and whether a full recovery is likely. Furthermore, additional damages for so called reasonable consequences may also be awarded. However, regarding this matter, there are select rules which vary on a state by state basis.
Examples of Claims Which Involve Compensatory Damages:
• breaches of contract
• employment discrimination
• personal injury
• premises liability
• product liability
• workplace harassment
• wrongful death
• wrongful termination
Recoverable Damages Included In Compensatory Damages:
• Medical Expenses are about the most obvious damages the victim is entitled to. Covered under this are just about all medical bills, including the ones for hospital stays, medication, treatments, surgery, and so on. Be sure to keep track of all your bills so all your expenses will be compensated for.
• Income Loss is another important one that will also be covered. However, this does not necessarily just cover past income losses, but potentially also future income losses. In order to be compensated for future loss of earnings, you will need to provide proof that the accident has left you too injured to fulfill the tasks required by your job, and potentially also other jobs.
• Property damages are generally also covered, if the damages are a direct result of the defendant’s actions. Compensation amount is based on fair market value.
Having a personal injury lawyer in Waterloo to assist you through the whole process can be an asset. They understand the laws and regulations that maybe applicable in your claim process, gather evidence and ensure that the defendant is proved liable for the injuries. That is how the plaintiff will get the due compensation.