What damages can I seek in my personal injury lawsuit?
Someone injured through no fault of their own can seek out legal damages to be paid by the party responsible for what happened to them. It is part of the legal system in the United States, and the purpose is to seek justice for those who have been hurt even though they did nothing wrong. There are a few different types of damages that one might seek, and we take a look at some of these here.
Special Compensatory Damages
Alllaw.com lists special compensatory damages as the first type of damages one might seek out in the courts. Examples of these types of damages are loss of earnings, medical bills, future medical expenses related to the injury, property damages(such as broken led glass in cars, etc) and the loss of future earnings.
These damages are all part of the impact of the injury that you have suffered. An NYC personal injury lawyer can look over these with you and see which ones apply directly to your case. It may be that your injury prevents you from working as many hours as you once did in the past. If that is the case, then a loss of earnings is definitely part of the damages you should seek.
General Compensatory Damages
There are impacts of an injury that are not as easily visible on the surface as some others. Just because it is harder to see something like mental pain as a result of an injury does not mean that it is not there. There are plenty of people who suffer mental anguish greatly from their injury. They deserve to be compensated for those damages as well. They did not ask to be put in this situation, so the impact that these injures have had on them is not something they should have to pay for.
The dead cannot sue, but the family that is left behind can do so. If they use their NYC personal injury lawyer to show that the death was due to the negligence of the other party, then it is entirely possible that they can win some damages for that as well. In that scenario, the NYC personal injury attorney wants to show that the family has had to endure a financial burden along with their emotional one at the death of their loved one.
The financial burden comes in the form of lost future wages, the cost of burial, and even the loss of a companion. These are all things recognized by the court as legitimate damages and losses that one might suffer. As such, the court will award the person who successfully proves that these things happened to them damages from the responsible party.
The final type of damages that one might seek in court are punitive damages. Now, these are not as commonly awarded as some of the other types of damages, but they are important nonetheless. They are meant to punish a person or entity that has done something so terribly bad that the court feels the need to award extra compensation as a punishment or deterrent.
It is not that common for a court to rule for punitive damages, and an NYC personal injury attorney can probably tell you that. However, if the court does feel that whatever the responsible party did was way over the line, the court may move to have that party punished with some punitive damages on top of everything else.
Speak to your NYC personal injury attorney about the possibility of these types of damages in your own case and if that is something you want to pursue. It is entirely possible that the court may agree that something has to be done to punish those who did what they did. You have to decide if that is the route you would like to pursue.