Personal Injury Damages
What damages can I recover?
There are two basic types of damages which are related to personal injury suits, punitive and compensatory damages. If you prove your case, you are generally awarded damages by the judge or a jury for your actual losses and past and projected medical costs. These are called compensatory damages. You may be compensated for loss of wages, pain and suffering and loss of consortium as well. The amount you receive will be determined by many factors. Punitive damages are sometimes awarded when the act which injured you proves to be intentional. These types of awards are not frequently assessed but are assessed in order to punish the party that was negligent and to protect the general public from these extremely bad actors and acts. Most often they are assessed against corporations which the court finds to have acted recklessly or against the public interest. By making the corporation pay these sums, the court sends a message that the egregious conduct should not happen again and therefore attempts to protect the general public by deterring others from engaging in the wrongful conduct in the future. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Can I recover for emotional distress?
It is very difficult to recover damages for emotional distress. One rare type of case would involve a hospital calling you after a relative had checked in and then informing you that your relative had passed away when they were obviously alive. You might be devastated, emotionally wrecked, but while it may be possible to recover damages, it is a slim chance at best. These days, the courts tend to hold that actual injuries must be inflicted before emotional distress can be factored into the personal injury equation. As you know, there are any number of emotional injuries we all suffer throughout our lives for which we generally do not seek monetary compensation. The little knocks and bruises of life are par for the course. However, if it can be shown that someone intentionally caused emotional distress, you may have a case. If you are unsure about your emotional distress case, contact a professional. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
