Filing for Damages in a Personal Injury Case

Has an accident left you with physical injuries? Are you taking time off from work to recuperate? Car accidents, workplace injuries and other events that cause harm can often leave people in a dire financial position. Medical treatment is often necessary to heal, but the costs quickly add up and become unmanageable. If you are currently struggling, then filing a personal injury claim and seeking damages is likely a strong option, but how do you know what to ask for?

Compensatory Damages

Compensatory damages are the most sought after form of compensation after an injury or accident because they aim to make the plaintiff financially whole. These damages are generally broken down into two categories: (1) special and (2) general. Special damages are economic losses. Primarily, medical expenses and lost wages are sought on the special category. General losses, alternatively, relate to non-economic hardships, like psychological and social trauma. For example, pain and suffering or loss of consortium are often sought under this heading. It is necessary to note that special damages are typically easier and more reliable to prove than general losses. General injuries often require the assistance of expert witnesses.

Punitive Damages

How did your injury occur? Were you the victim of an assault? Did your workplace fail to implement proper safety standards and practices? If so, then you may want to file for punitive damages in combination with compensatory injuries. As the name implies, punitive damages are meant as a punishment. However, as these are meant to inflict financial discomfort on the defendant, you must prove knowledge and intent, which may not be easy. Granted, a civil trial does not require the same burden of proof as a criminal trial, but it is still challenging to convince a jury or judge that your injuries were inflicted with malice. However, an attorney can hire private investigators to research your claim and to secure evidence, if possible.

Your health and well-being should be your primary concern during your rehabilitation, but finances often overwhelm that focus. A personal injury claim could mean the difference between hardship and a comfortable recovery. However, not every claim is suitable for legal action. Sometimes, the costs of fighting are too high. Fortunately, you do not need to figure out whether your case is strong on your own. Contact a personal injury attorney in Bristol, TN and ask them about your claim. They will be able to provide you with a sound legal assessment, ensuring you of your potential for success.

 


 

Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury claims and filing for damages.