What’s your case really worth? Isn’t that the big question?
Monetary damages in a personal injury case usually end up being a major focus?at least when the media is involved?but there?s so much more to it than that. The victims generally just want closure so they can move forward with their lives.
Damages in a Personal Injury Case: 3 Things You Need to Know
Courts determine damages based on a wide range of factors, and there are two types of damages: compensatory and punitive. In our Phoenix law office, we?ve seen both types. Additionally, in some cases, the victim?s actions can affect their award.
Compensatory Damages in a Personal Injury Case
In general, most damages on personal injury cases are compensatory. That means they?re awarded to compensate the victim for his or her losses. Compensatory damages can be awarded for:
- Loss of income due to the injury, which may include income you?ve already lost and income you?ll lose in the future.
- Loss of property due to the accident, such as your vehicle or other property.
- Medical costs, which can include payment for treatment you have already received and payment for medical costs that you?ll have in the future.
- Pain and suffering that you suffered after the accident or continue to suffer today.
This isn?t a comprehensive list; there are several other reasons that you can be awarded compensatory damages in a personal injury case.
Punitive Damages in a Personal Injury Case
Punitive damages are very different from compensatory damages; they?re designed to punish a person or company for their behavior. These kinds of damages can be awarded on top of compensatory damages. In Arizona, people or companies that show willful disregard for the health and safety of others can be penalized with punitive damages.
Things that Can Affect Your Award
A judge can rule that the victim of an accident was partially responsible for the accident, which can affect the amount of money that changes hands. Additionally, victims who exaggerate injuries, losses or costs will probably see that reflected in the overall award.
What Do You Think?
Are these fair considerations for awarding damages? What else should judges consider? Let us know what you think on our Facebook page.