Personal Injury Claims
You can file a personal injury lawsuit with an injury attorney in San Antonio over a medical malpractice, car accident, or any other injury. The worth of your case depends on what your injuries have cost you physically, financially, and mentally. These are called damages.
In a personal injury lawsuit, monetary damages are paid by either the defendant or an insurer. The amount can be settled through a negotiation among the parties concerned or decided by a judge or jury after having a court trial.
Most Common Types of Injuries in San Antonio
Types of Damages Claimed in Personal Injury Lawsuits by an Injury Attorney San Antonio
Attorneys Can Recover Compensatory Damages for Injuries
In most cases, damages claimed are “compensatory,” which means that they are meant to compensate the plaintiff for what was lost or damaged as a result of the injury or accident. The award for compensatory damages is supposed to try to make up for the harm that was inflicted in a monetary standpoint. There are compensatory damages are not hard to calculate — like compensation for damage to property and medical bills. However, it is more difficult to put a monetary value on suffering and pain or the inability to do the activities you love due to physical limitations brought by lingering injuries from an accident.
More often than not, a personal injury damages claim includes medical care expenses related to the accident — compensation for treatment you have already received and payment for the possible worth of medical care you may need later on because of the injury.
You may claim compensation for wages and salaries that you lost because of the injury. This also includes not just income you have failed to earn but also the income you would have been able to earn in the future. You may be able to claim for loss of capacity to earn.
If any cars, personal items, or other things were destroyed because of the accident, you will probably get reimbursement to fix them or compensation for the property’s value.
You may be able to claim for compensation if you suffered major discomfort caused by the accident.
Some accidents cause emotional distress to the injured person. The psychological impact, such as sleep loss, anxiety, and fear, can be compensated by the person at fault. In some states, emotional distress is covered in the pain and suffering damages that is provided to a personal injury complainant.
When accidental injuries prevent you from taking pleasure in ordinary activities like exercise, hobbies and other recreational activities, your loss of enjoyment may be compensated.
In personal injury cases, there are certain injuries that can have an impact on the injured person’s relationship with his or her spouse. This is referred to as loss of consortium, which is basically the loss of companionship or the being unable to keep a sexual relationship, for instance. The damages are awarded on to the affected loved one instead of the plaintiff who was injured.
In Some Cases Attorneys Seek Punitive Damages for Clients
Aside from compensatory damages, the injured person may claim for punitive damages if the defendant’s behavior is deemed outrageously careless. Punitive damages originate from a justification that is not the same as the rationale of compensatory damages, which aims to make up for what the plaintiff has lost. Punitive damages are awarded as a punishment to the defendant’s bad behavior. Most states have a limit on the amount of punitive damages in personal injury claims.
Other Factors that Determine Damages Award
In certain cases, the role of an injured person that led to an accident — or their lacking of action after suffering from the injury — can reduce the amount of damages that can be claimed in a personal injury case. If you are partially at fault, it will affect the damage award that you would get. Most states follow a standard of comparative negligence when both the plaintiff and defendant are at least somewhat to blame. As a result, the plaintiff will not be able to get the whole amount of the compensation.
There are very few states that adhere to the concept of “contributory negligence” for personal injury claims. Under this rule, the plaintiff may not be able to receive any compensation whatsoever if he or she is presumed partly responsible for the accident.
Make sure you mitigate the damages. Most states expect plaintiffs in personal injury cases to try to mitigate or minimize the monetary impact of the damage caused by the accident. If you do not do anything about it even when it is not sensible to do so, a damages award might be substantially lowered. You should get the medical treatment that you need after an accident, and prevent your injuries from getting worse.
If you want to you file a personal injury lawsuit after an accident or injury, you should contact a personal injury attorney to help you get the maximum value of your case.