Types of Damages Recoverable in Personal Injury Law
Generally, a personal injury case begins with establishing
negligence, which is the recognition of a legal duty and breach of that legal
duty. This means that there must be
something expected, such as a property owner’s duty to keep the premises safe,
and the “breach” might be oil left spilled on the floor for an unreasonable
amount of time. It also needs to be
proven that the “breach of duty” caused the injury claimed. This is known as “causation.” Just because the oil was on the ground,
doesn’t mean it caused the accident, it must be proven that that it was slipping
on the oil that caused the accident.
Once negligence is proven, as above, the damages are
assessed. An experienced Personal Injury Lawyer NYC knows how to
maximize the claim for damages in many ways.
Having top medical professionals as experts lends credibility to the
damages claim, which is why referrals to “medical mills” are always
avoided. This is how a claim for pain
and suffering is maximized. Other
aspects of damages include lost future earnings, if a person will be making
less money throughout their lifetime due to the impact of their injuries. If a person was athletic, loss of their
ability to participate in sports is an aspect of damages. This falls under the umbrella of the “loss of
the pleasures of life.”
If a person has a special talent that makes money, and the
result of the accident causes them to lose such a profession, the amounts of
compensation can be very high. For
example, if a fashion model is scarred on their face, the compensatory damages
would be higher than for the average person.
The damages for a scar on the face would also be higher for a young
single woman, than for an 80 year married retired man, as the scarring would
have more impact on the life of the former, and for a longer period of time.
Similarly, a torn ligament of the knee, requiring surgical
repair, would be a serious injury for any victim, but for a star athlete could
mean the loss of millions of dollars a year in income. A stiff back would make it difficult to do
some physical work or even to drive a taxi, but it might make it impossible for
a professional dancer to continue their career.
Personal injury law takes into consideration the age, profession and
many other aspects of an individual regarding the amount of damages.
In some cases negligence lawyer in Queens will also be able
to collect punitive damages. Punitive
damages are only available when a case goes to a trial and a verdict is
rendered. The purpose of punitive
damages is to send a message to the defendant that their conduct is so heinous
that is must be punished. An example of
punitive damages is when a tobacco company that lied about the health risks of
smoking is sued by a plaintiff with lung cancer, and the jury awards punitive
damages to punish that behavior.
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