Finding legal representation is crucial during a personal injury case. This increases your chances of succeeding in your claim. Furthermore, getting well informed about the kind of compensation to pursue ensures that you do everything according to the law.
Generally, compensations vary depending on the accident and injuries incurred, and they can be compensatory or punitive. Read on to learn more about these types of compensation.
In this settlement, the injured party gets compensated for their injuries and losses. Compensatory settlements are further broken down into special and general damages. If your injuries fall under the special category, you will get compensated for your monetary losses. These include medical expenses and lost income.
When it comes to medical expenses, you will need money to cover X-rays, physical therapy, surgeries, and all other expenses you incur at the hospital. And if you cannot resume work due to the injuries, you are entitled to some money until you recover.
On the other hand, general compensation deals with non-monetary damages, such as pain and suffering resulting from the accident. Though it is a little complicated to prove, you should not hesitate to pursue it.
To determine compensation, the judge will look at a few factors, such as the type of injury, medications given, recovery duration, and if the injuries are permanent or not. Good examples of available compensation include loss of consortium and emotional distress.
Sometimes, the judge may opt for the punitive settlement, which is to punish the culprit. The objective of this judgment is to ensure that the culprit does not repeat the offense in the future. However, punitive compensation is not so common and mainly applies in cases where the guilty party was intentional in their action.
It is also applicable if the at-fault party is found negligent or if your injuries have led to extensive financial turmoil. However, you might still get awarded compensation based on factors such as the recovery period, the quality of medical evidence, and whether the injuries are permanent or not. But remember that the compensation amount is capped in most states.
You are eligible for compensation no matter your injuries. A personal injury attorney will ensure that you get the right compensation. And even if you are partly to blame for the injuries, your attorney will work around the situation to ensure that you do not walk away empty-handed. So engage a reputable lawyer in your case instead of representing yourself.Share