Personal Injury Compensation
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What Is Personal Injury Compensation?
Personal injury compensation refers to monetary amounts that are generally paid from the defendant to the plaintiff. These usually relate to economic losses caused directly by the plaintiff’s injuries which resulted from the defendant’s actions or negligence. Some jurisdictions allow for costs that are reasonably related to actions which the defendant were responsible for.
These monetary damages are often called “compensatory damages,” to indicate the fact that the plaintiff is being compensated for the losses they incurred. They are different from other types of damages such as punitive damages, which are intended to punish the defendant for intentional or egregious acts.
What Are Some Common Examples of Personal Injury Compensation?
The most common types of personal injury compensation awards are those that are related to medical expenses. These can include:
- Surgery costs
- Medicine costs
- Hospital bills/cost of staying in a facility
- Costs of treatment/therapy/rehabilitation
- Ambulance costs and other transportation fees
Besides these, personal injury compensation can also include other related damages that were directly caused by the defendant. These are sometimes called “special compensatory damages,” and can include:
- Lost income/lost earning capacity
- Property damage related to the injury (such as in a car accident injury)
- Pain and suffering damages
How Is Personal Injury Compensation Calculated?
Personal injury compensation is often compensated according to various factors, including:
- The degree or severity of the injury
- The amount of property damage involved in the injury
- Whether the defendant acted intentionally in causing the injury (extreme negligence or recklessness may also result in increased damages)
Disputes over personal injury compensation can sometimes lead to additional legal conflicts and collections issues. In most cases, the plaintiff can decide whether to receive regular payments or a lump-sum payout. This depends on the case as well as the rules in each jurisdiction.
Do I Need a Lawyer for Help with Personal Injury Compensation?
Personal injury compensation can sometimes be difficult to calculate. Claims in court must be supported by sufficient evidence proving that the defendant is liable for the losses, and that the plaintiff is entitled to compensation. You may need to hire a personal injury lawyer in your area if you need help filing for personal injury compensation. Your attorney can provide you with legal research for your inquiries, and can also help you file a lawsuit with the court if needed. If you need representation in court during trial, your lawyer can assist with that as well.
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Last Modified: 03-30-2015 04:57 PM PDT
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