Establishing damages in personal injury cases can be a complicated process. If you or someone you know was injured by someone else’s negligence, you may be able to recover damages. Exact determinations of damages can be tricky, and having the right attorney on your side can make all the difference in your case.
It is important to note that obtaining any sort of compensation typically requires establishing negligence. Negligence is a failure to exercise reasonable care that causes injury to someone else. Reasonable care refers to the standard of care a reasonably prudent person would use in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must show that the defendant owed the plaintiff a duty to use reasonable care, the defendant breached this duty, the plaintiff’s resulting harm was a direct result of the defendant’s breach, and the plaintiff incurred actual damages.
Compensatory damages are awarded to an individual to make the person whole again. Put another way, compensatory damages are meant to restore the plaintiff to the condition in which he or she was before the injury. Compensatory damages refer to both economic and non-economic damages. Economic damages typically include compensation for medical expenses, lost income, impaired earning capacity, property damage, and more. Non-economic damages include losses such as pain and suffering and other forms of mental distress, which can be tough to measure in terms of a monetary amount.