The Process of Personal Injury Lawsuits
The general principle behind personal injury lawsuits is that a victim chooses to exercise his right to file a case against a defendant, either an individual or corporation, for causing damage and harm to him, whether intentional or unintentional. This process would then be opened with the victim “filing a lawsuit”, where both parties would commonly be represented by a Personal Injury lawyers, who specialize in this kinds of matters.
Definition of terms
Let us first begin with some terms. The victim or the individual who is filing the lawsuit is known as the Plaintiff. When a plaintiff files personal injury lawsuits against a defendant or corporation, this would go under the grounds known as tort, which is recognized civil wrong under law.
Progress of the lawsuit
If the plaintiff then decides to file personal injury lawsuits against a specific defendant, the plaintiff should begin by requesting for advice from a personal injury lawyer as to the tort case in order to make a good lawsuit. As the tort’s primary function is to provide ailment to damage and harm of the victim, the primary drive is to emphasize what damage was attained due to the lack of proper exercise of safety and care, whether intentional or unintentional, by the other party.
Some good grounds or tort may be those which led to incapacity of individual for income, permanent impairment, medical expenses, amount of pain or inconvenience, or damages for property. These may all include present and future damages. From there on, a formal lawsuit would be filled against the other party and the rest would depend on the coordination of the two.
Options against the lawsuit
Damages that Can Be Recovered in a Personal Injury Lawsuit
A personal injury lawsuit is filed by a person (or by his or her representative) who suffered an injury caused by negligence of another person. The injury can either be physical or emotional. A personal injury lawsuit aims to determine who is responsible for the injury or damage. Once determined, the one responsible will be required to compensate the injured person for all the losses that he or she sustained.
A person can recover many damages in a personal injury lawsuit. These damages are classified in two kinds, compensatory damages and punitive damages.
What are Compensatory Damages
Compensatory damages are also called actual damages. This is the type of damage that is awarded according to the actual amount of injury or harm suffered by the plaintiff. The concept of compensatory damages is to restore the plaintiff back to the status he or she was before the injury or harm occurred. For example, if a person smashes and destroys your car, the compensatory damages will be more or less equal to the value of your car. These damages are awarded before punitive damages are considered.
There are many types of compensatory damages including vehicle damages, disfigurement, trauma, losses such as loss of affection, pleasure, income, and earning capacity. Medical bills, mental and physical disability, pain and suffering, and property damage are also some of the types of compensatory damages.
What are Punitive Damages
Punitive damages are also known as exemplary damages. Exemplary because its purpose is to make an example of the defendant, and to change his or her malicious behaviour by letting him or her suffer economically. It is to discourage the type of conduct the defendant is engaged in. These damages are only awarded in very rare instances that the defendant is proven to intentionally or maliciously cause an injury or damage.
The conduct of the defendant should be wilful or reckless, and has a purpose or intent to commit a wrongdoing which will result to an injury or harm to another person. To measure the amount of punitive damages that may be awarded, the jury or court must consider the nature of the behaviour of the defendant, and the plaintiff’s loss or injury.
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