In order to prevail on a personal injury claim, the injured party, also known as the plaintiff, must prove that the defendant (responsible party) is responsible for the injuries. Typically, this is done by showing the defendant’s negligence or fault. The fault must be shown and established based on the facts of the incident. The elements of negligence include:
Damages in a Personal Injury Case
If each element is established in the plaintiff’s case, the court may award damages for losses. Most damages awarded are compensatory in nature. The standard is simple: if proven, the Plaintiff is entitled to “fair, just, and reasonable” damages. The court will consider many factors when determining the amount of compensatory damages. The factors may vary depending on the specific facts of your case but typically include pain and suffering, lost wages, medical expenses, future medical treatment, loss of function, the loss of activities or the quality of life, scarring and disfigurement, disability, and the loss of life itself.
DISCLAIMER: This site is intended for informational purposes only and should not be construed as legal advice. Please seek legal counsel for advice on any legal matter.