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For people who find themselves injured in an accident, there are lots of different things that could potentially help their cause. When this is your situation, know that a lawsuit can bring about lots of relief. That relief can come in many forms, as the damage calculations vary from state to state and from jury to jury. Your own mileage will vary depending upon the facts of your case and just how good your attorney is. Here are some general types of damages that you can expect to get when you are involved in any kind of accident that leads to a lawsuit.
Economic lawsuit injury damagesPure economic damages are always a big part of any lawsuit. The entire lawsuit judgment must be broken down into an economic figure, but that is not what is meant by economic damages. Specifically, these are the damages that you suffer from being out of work or from losing out on opportunities in the future. You can claim damages for missing days at work directly after an accident. These are typically quite simple to calculate and they are easy to prove in most lawsuits. Proving future lost wages is more difficult, but it is still a possibility for a smart and savvy lawyer.
Medical costsAnother of the important things that you will likely want to recoup from the defendant has to do with medical costs. Getting medical help can be expensive and it can be difficult. Hospitals are expensive and treatments cost a lot, too. Even if you have insurance to pay for some of it, the defendant is still likely for the damage caused. You can often sue for the future medical costs caused by an accident, too. If you can prove that you will need to visit a therapist once per week for the next twenty years, then a jury can put a price tag on that.
Punitive damagesMany people file a lawsuit for an injury looking for punitive damages. Most juries won't just go awarding punitive damages unless the conduct of the defendant was especially egregious or intentional. Likewise, there are different rules for how to handle punitive damages from state to state. Some states cap punitive damages at a very low amount, while others let these damages get very high. It all depends upon where you are and what the accused conduct of the defendant happens to be.
What else can I help you with?
What if you are injured as a passenger in a car with no insurance?
If the driver of the car you were in was at fault and had no insurance you are out of luck. your only recourse if to sue the person who you were driving with to recover damages. If your driver was not at fault but had no insurance the other parties insurance would have to cover your damages. The lesson is not to ride with people who do not carry auto insurance, ever.
Monetary award to an injured person to compensate for loss?
Damages
What is compensatory justice?
The extent to which injured parties are compensated for their injuries by those who have injured them.
Noncriminal wrongs for which the injured party can sue ans recover damages?
Torts
On what basis are compensatory damages for breach of contract calculated?
Normally, compensatory damages are measured by the party's expectancy, or what the parties should have reasonably foreseen as flowing from the breach. Parties may also receive reliance damages for the expenses caused by relying on the breached contract or restitution damages for the expense of assets conferred on the breaching party.
What is the difference between actual and compensatory damages in a legal context?
Actual damages refer to the specific financial losses or harm suffered by a party in a legal case, while compensatory damages are intended to compensate the injured party for those losses. In essence, actual damages are the quantifiable losses, while compensatory damages aim to make the injured party whole again by providing financial compensation for those losses.
What kind of legal proceeding may an injured person seek monetary damages?
civil
What are Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future?
Punitive damages are monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
Which term is defined as payment for damages?
Restitution is the term defined as payment for damages, typically as a way to restore the injured party to the position they were in before the harm occurred.
What happens when your at fault in an accident but you can't pay for it?
Your insurance will care of the damages. If you don't have insurance, the other parties insurance will take care of the damages and then go after you.
What is the difference between reliance damages and expectation damages in contract law, and how do parties determine which type of damages to seek in a breach of contract case?
Reliance damages compensate a party for expenses incurred due to relying on the contract, while expectation damages aim to put the non-breaching party in the position they would have been in if the contract was fulfilled. Parties consider factors like the nature of the breach and their specific losses to determine which type of damages to seek in a breach of contract case.
Under which kind of legal proceeding may an injured person seek monetary damages?
Civil Law. By initiating a "TORT" action - a civil suit for damages.
